Dharawat
(PC) Smith v. Dharawat
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT L. SMITH, Case No. 2:24-cv-0118-JDP (P) Plaintiff, v. ORDER RAMESH DHARAWT, et al., Defendants. 16 Plaintiff, a state inmate proceeding without counsel in this civil rights action, moves: to modify the scheduling order, for a court order designating him as a priority legal user, and for appointed counsel. ECF No. 34. His request to modify is granted, but his other requests are denied. Good cause appearing, plaintiff’s request to modify the scheduling order is granted; the deadline for discovery is July 11, 2025. No other dates in the scheduling order are changed. 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…