(PC) Daniel v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANT Q. DANIEL, No. 2:23-cv-0384 AC P Plaintiff, v. ORDER JEFFREY LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding in an action brought under 42 U.S.C. § 1983 without an attorney. Plaintiff has requested appointment of counsel. ECF No. 19. Plaintiff claims he needs counsel because he (1) cannot afford one, (2) has been unable to find counsel to represent him, (3) has stated a cognizable constitutional claim that are complex because the violations occurred during the pendency of his federal racketeering case, (5) is indigent, (6) has only a high school level education, (7) has no legal training, and (8) has been in solitary confinement for nine years and has very limited access to discovery and legal materials. Id. at 1-2, 4-6. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v.…