Auld

(PC) Gosztyla v. Auld

Good Law
United States District Court, Eastern District of CaliforniaMay 12, 20252:22-cv-01276California806 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GOSZTYLA, No. 2:22-cv-01276-KJM-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

AULD, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel this action brought under 42 U.S.C. § 1983. Currently before the court are plaintiff’s motions for an extension of time to oppose defendants’ motion for summary judgment (ECF Nos. 56, 57), for screening of the second amended complaint (ECF No. 57), and for appointment of counsel (ECF No. 55). District courts lack authority to require counsel to represent indigent prisoners in § 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 to 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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