Chaiken

(PC) Bruce v. Chaiken

Good Law
United States District Court, Eastern District of CaliforniaAugust 20, 20192:15-cv-00960California447 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCENT BRUCE, No. 2:15-cv-0960 TLN KJN P Plaintiff, v. ORDER SHAMA CHAIKEN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. This action is set for trial before the Honorable Troy L. Nunley on February 10, 2020. Plaintiff requests that the court appoint counsel to represent him at trial and at a settlement conference. 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” exist, the court must consider plaintiff’s likelihood of…

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