Doss v. Mule Creek State Prison, et al.

Summary

The United States District Court for the Eastern District of California denied without prejudice Robert L. Doss’s motion for appointment of counsel in his 42 U.S.C. § 1983 action. The court found that he had not demonstrated exceptional circumstances and reminded him to file his second amended complaint with any objections to the recommendation of dismissal.

Holdings

1. A district court lacks authority to require counsel to represent an indigent prisoner in a section 1983 action, but may request voluntary representation in exceptional circumstances.
2. Plaintiff failed to meet his burden of demonstrating exceptional circumstances warranting appointment of counsel.

Questions Presented

1. Whether the court should appoint counsel for a pro se state prisoner in a 42 U.S.C. § 1983 action.
2. Whether plaintiff demonstrated exceptional circumstances based on the likelihood of success on the merits and his ability to articulate his claims pro se.

Disposition

other