Deshawn Leavell Green v. State of California

Summary

The United States District Court for the Eastern District of California appoints Shahid Manzoor as limited-purpose counsel for state prisoner Deshawn Leavell Green in a 42 U.S.C. § 1983 action. Counsel is appointed to investigate Green’s claims and draft and file an amended complaint, and the prior deadline for amendment is vacated.

Holdings

1. A district court may not require an attorney to represent an indigent prisoner in a section 1983 action, but may request voluntary representation in exceptional circumstances under 28 U.S.C. § 1915(e)(1). The court found that exceptional circumstances warranted appointing counsel for the limited purpose of investigating plaintiff's claim and drafting and filing an amended complaint.
2. The portion of the March 28, 2025 screening order granting plaintiff sixty days to file an amended complaint was vacated, and the amended complaint was instead made due ninety days from the date of the appointment order.

Questions Presented

1. Whether the court should request and appoint counsel to represent an indigent prisoner for the limited purpose of investigating his claim and preparing an amended complaint.
2. Whether the previously granted sixty-day period for filing an amended complaint should be vacated in light of the appointment of limited-purpose counsel.

Disposition

other