Daley v. Pelayo

Summary

The United States District Court for the Eastern District of California denied Plaintiff Alcliff Morgan Daley’s motion for appointment of counsel in his 42 U.S.C. § 1983 action against Pelayo and others. The court held that Daley had not demonstrated exceptional circumstances under 28 U.S.C. § 1915(e)(1), noting his ability to prosecute the case pro se and the absence of circumstances beyond those common to incarcerated litigants.

Holdings

1. A district court may request an attorney to voluntarily represent an indigent prisoner in a § 1983 action only when exceptional circumstances exist; the court cannot require counsel to represent the prisoner.
2. Daley failed to demonstrate exceptional circumstances warranting appointment of counsel at that time, so his motion was denied.

Questions Presented

1. Whether the court should request voluntary appointment of counsel for an indigent prisoner litigating a § 1983 action.
2. Whether plaintiff demonstrated exceptional circumstances based on his asserted lack of legal education, limited law-library access, limited English proficiency, inability to afford counsel, and the complexity of the case.

Disposition

other