Cowan

(PC) Warden v. Cowan

Good Law
United States District Court, Eastern District of CaliforniaOctober 4, 20192:19-cv-00431California404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MASA NATHANIEL WARDEN, No. 2:19-cv-00431-MCE-AC Plaintiff, v. ORDER B. COWAN, et al., Defendants. 16 The court is in receipt of plaintiff’s motion to appoint counsel. ECF No. 29. Plaintiff is incarcerated and is bringing his civil case as a self-represented litigant proceeding in forma pauperis. ECF No. 10. He requests that the court appoint counsel, asserting he is physically disabled and in constant pain, which makes litigating difficult and is an extraordinary circumstance. ECF No. 29 at 1-2. Plaintiff argues his disability prevents him from being able to file motions and write documents in a timely fashion. Id. at 3. In civil cases, a pro se litigant's right to counsel “is a privilege and not a right.” United States ex Rel. Gardner v. Madden, 352 F.2d 792, 793 (9th Cir. 1965) (citation omitted). “Appointment of counsel should be allowed only in exceptional cases.” Id. When determining whether…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.