Lucero v. Uldall

Summary

The United States District Court for the Eastern District of California denied without prejudice a state prisoner’s motion for appointment of counsel in a 42 U.S.C. § 1983 action. The court held that the plaintiff had not demonstrated exceptional circumstances, noting that his complaint had been recommended for dismissal without leave to amend because it sought relief from an immune defendant.

Holdings

1. District courts lack authority to require an attorney to represent an indigent prisoner in a § 1983 action, but may request an attorney to voluntarily represent the plaintiff in exceptional circumstances.
2. Plaintiff failed to demonstrate exceptional circumstances warranting the appointment or voluntary assistance of counsel at that time; his motion was therefore denied without prejudice.

Questions Presented

1. Whether the court should request or appoint counsel to represent the indigent prisoner in the § 1983 action.
2. Whether plaintiff demonstrated exceptional circumstances warranting voluntary assistance of counsel.

Disposition

other