Aguilar
(PC) Medina v. Aguilar
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GASPAR MEDINA, No. 2:18-cv-2924 DB P Plaintiff, v. ORDER AGUILAR, Defendant. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. (ECF No. 13). A review of plaintiff’s motion indicates that he believes that an attorney is automatically appointed to litigants at the time a complaint is filed. See generally id. He states that he was recently told he had been scheduled for an attorney visit, but it never took place. See generally id. The United States Supreme Court has ruled that 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 certain exceptional circumstances, the district court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.…