Foulk
(PC) Burton v. Foulk
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 HARRISON BURTON, No. 2:13-cv-2123 JAM DB P Plaintiff, v. ORDER F. FOULK, et al., Defendants. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel to represent him at trial. (ECF No. 59). In support of the motion, plaintiff states that the issues in this case are complex, and his imprisonment will greatly limit his ability to litigate this matter. See id. at 1. He asks that the court appoint one Brian K. Wanerman to represent him. See id. at 2. 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.…