Ronald Dean Yandell v. G. Newsome, et al.

Yandell v. Newsome · United States District Court for the Eastern District of California · August 22, 2025 · No. No. 2:25-CV-1049-DJC-DMC-P

Summary

The United States District Court for the Eastern District of California denied a pro se prisoner’s motion for appointment of counsel in a 42 U.S.C. § 1983 action. The court found no exceptional circumstances because the plaintiff was able to articulate his claims, the excessive-force allegations were not legally or factually complex, and the case was at an early stage without a demonstrated likelihood of success.

Holdings

  1. Appointment of counsel was not warranted because plaintiff failed to demonstrate exceptional circumstances.

Questions Presented

  1. Whether an indigent prisoner proceeding pro se demonstrated exceptional circumstances warranting the court's request for voluntary assistance of counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other

Cases Cited (3)

  • Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989)(followed)
  • Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(followed)
  • Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990)(followed)

Cited In (0)

No citing cases on record yet.

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