Martinez v. Heath, et al.

Summary

The United States District Court for the Eastern District of California denied, without prejudice, Fred Martinez’s motion for appointment of counsel in his 42 U.S.C. § 1983 action against Heath and other defendants. The court concluded that Martinez had not demonstrated exceptional circumstances warranting a request for voluntary representation under 28 U.S.C. § 1915(e)(1).

Holdings

1. A district court lacks authority to require counsel 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 meet his burden of demonstrating exceptional circumstances warranting appointment of counsel at that time.

Questions Presented

1. Whether the court should appoint or request voluntary counsel to represent a pro se state prisoner in a § 1983 action.
2. Whether plaintiff demonstrated exceptional circumstances based on his likelihood of success on the merits and ability to articulate his claims in light of the complexity of the legal issues.

Disposition

other