Cargill
(PC) Hudson v. Cargill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TORIANO GERMAIN HUDSON, Sr., No. 2:20-cv-0481 KJN P Plaintiff, v. ORDER ROBERT NEUSCHMID, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. On April 29, 2020, plaintiff inquired why he must pay the court’s filing fee because he is indigent, and requests an extension of time to file his amended complaint because he remains confined to his cell because of the COVID-19 pandemic and his vulnerability due to his health conditions. Plaintiff requests that the court appoint counsel to assist plaintiff in meeting the court’s deadline. First, plaintiff is advised that 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. §…