Belluomini

(PC) McDougland v. Belluomini

Good Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20252:22-cv-02242California812 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAMIEN MARSHJON MCDOUGLAND, No. 2:22-cv-2242 SCR P Plaintiff, v. ORDER J. BELLUOMINI, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. The court denied plaintiff’s previous motions for appointment of counsel. (ECF Nos. 38, 43.) On January 10, 2025, plaintiff filed a notice, which in substance is a renewed motion for appointment of counsel and which the court construes as such. (ECF No. 50.) District courts lack authority under 28 U.S.C. §1915 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 that an attorney 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…

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