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
- Appointment of counsel was not warranted because plaintiff failed to demonstrate exceptional circumstances.
Questions Presented
- 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.
Court Document
Open PDFLoading document…