Gaines

Gaines v. Greigore

Good Law
United States District Court, Northern District of CaliforniaOctober 21, 20241:23-cv-06195California328 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JACOBI GAINES, Case No. 23-cv-06195-RMI

Plaintiff,

ORDER

v. 9 Re: Dkt. No. 23 KARL GREIGORE, Defendant.

12 Plaintiff, a detainee proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. The Court ordered service and Defendant filed a motion for summary judgment on September 3, 2024. Presently pending is Plaintiff’s motion to appoint advisory counsel to help prepare for trial, that was filed prior to Defendant’s motion for summary judgment. There is no constitutional right to counsel in a civil case, Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981), and although district courts may “request” that counsel represent a litigant who is proceeding in forma pauperis, as plaintiff is here, see 28 U.S.C. § 1915(e)(1), that does not give the courts the power to make “coercive appointments of counsel.” Mallard v. United States Dist. Court, 490 U.S. 296, 310 (1989). The Ninth Circuit has held that a district court may ask counsel to…

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