Kevin Hagan v. Raul Recarey, et al.

Summary

The United States District Court for the Eastern District of California denied Kevin Hagan’s renewed motion for appointment of pro bono counsel in his 42 U.S.C. § 1983 action. The court found that Hagan had not alleged changed circumstances warranting reconsideration and held that exceptional circumstances for voluntary appointment of counsel were not shown. The motion was denied without prejudice.

Holdings

1. A plaintiff proceeding under 42 U.S.C. § 1983 does not have a constitutional right to appointed counsel.
2. The court cannot require an attorney to represent the plaintiff under 28 U.S.C. § 1915(e)(1), although it may request voluntary assistance in exceptional circumstances.
3. Exceptional circumstances were not shown because the plaintiff identified no changed circumstances and did not establish grounds warranting reconsideration of the prior denials.

Questions Presented

1. Whether the plaintiff was entitled to appointment of counsel in his § 1983 civil rights action.
2. Whether the renewed motion established changed circumstances or exceptional circumstances warranting appointment of counsel or reconsideration of the prior denial.

Disposition

other