Downs v. Jiminez

Summary

The United States District Court for the Eastern District of California denies plaintiff Ivory Lewis Downs, Jr.'s request for appointment of counsel in his § 1983 action. The court concludes that the plaintiff's concerns about mail delivery and receipt of objections do not establish exceptional circumstances warranting voluntary appointment of counsel.

Holdings

1. Plaintiff failed to demonstrate exceptional circumstances warranting a request for voluntary assistance of counsel, so his request for appointment of counsel was denied.
2. The district court lacks authority to require counsel to represent an indigent prisoner in a § 1983 case, but may request voluntary assistance in exceptional circumstances.

Questions Presented

1. Whether plaintiff established exceptional circumstances warranting the court's request for voluntary appointment of counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other