Drake v. Gonzales

Summary

The United States District Court for the Eastern District of California denied, without prejudice, pro se plaintiff Sam Drake’s motion for appointment of counsel to represent him at a settlement conference in his 42 U.S.C. § 1983 action. The court found that the record did not establish exceptional circumstances warranting appointment of counsel and noted that Drake had adequately articulated and litigated his claims.

Holdings

1. Appointment of counsel was not warranted because Plaintiff failed to establish exceptional circumstances. The court found that his impairment did not prevent him from litigating pro se and that the record did not establish a sufficient likelihood of success or complexity requiring counsel.

Questions Presented

1. Whether the court should request or appoint pro bono counsel for a pro se prisoner plaintiff under 28 U.S.C. § 1915(e)(1) based on alleged communication impairments and the circumstances of the case.

Disposition

other