Lomeli v. Pfeiffer

Summary

The United States District Court for the Eastern District of California denied Marcos Lomeli’s motion for appointment of counsel in his 42 U.S.C. § 1983 action. The court held that indigence and lack of income did not establish exceptional circumstances warranting voluntary appointment of counsel and directed the Clerk to update the docket to reflect Lomeli’s change of address.

Holdings

1. A prisoner is not entitled to appointment of counsel in a § 1983 action merely because he is indigent or unable to afford an attorney; appointment may be requested only when exceptional circumstances are demonstrated.
2. The Clerk was directed to update the description of the filing and the case caption on the docket to reflect plaintiff's notice and new address.

Questions Presented

1. Whether plaintiff's indigency, inability to afford an attorney, and lack of income established exceptional circumstances warranting appointment of counsel in his § 1983 action.
2. Whether the docket should be updated to reflect plaintiff's changed address and the substance of his filing.

Disposition

other