Wright v. Zaldivar-Galves

Summary

The United States District Court for the Eastern District of California denied Keith Jerome Wright’s second motion for appointment of counsel in his 42 U.S.C. § 1983 action. Applying the exceptional-circumstances standard, the court concluded that Plaintiff had not shown a sufficient need for appointed counsel and denied the motion without prejudice.

Holdings

1. An indigent prisoner seeking voluntary counsel in a § 1983 action must demonstrate exceptional circumstances by showing both a likelihood of success on the merits and an inability to articulate the claims pro se in light of the complexity of the legal issues. Wright failed to meet that burden, so appointment of counsel was not warranted at that time.
2. District courts lack authority to require counsel to represent indigent prisoners in § 1983 cases.

Questions Presented

1. Whether exceptional circumstances warranted the court's requesting voluntary appointment of counsel for an indigent prisoner in a § 1983 action.

Disposition

other