Uzma

(PC) Smith v. Uzma

Good Law
United States District Court, Eastern District of CaliforniaNovember 27, 20242:24-cv-00683California421 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD JOSHUA SMITH, Case No. 2:24-cv-0683-TLN-JDP (P) Plaintiff, v. ORDER CHAUDHRY UZMA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. Plaintiff has filed a motion for extension of time to file a second amended complaint and two motions to appoint counsel. ECF Nos. 17, 18, & 19. Good cause appearing, his motion for time is granted, but his motions for counsel are denied. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional circumstances”…

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