Perez

(PC) O'Connor v. Perez

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20202:18-cv-01057California535 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GLENN O’CONNOR, No. 2:18-cv-1057 DB P Plaintiff, v. ORDER W. PEREZ, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his Eighth Amendment rights. Presently before the court is plaintiff’s motion to appoint counsel. (ECF No. 99.) Plaintiff argues the court should appoint counsel because prison staff have denied him access to law library resources as he has not been given pens or sufficient paper. Additionally, plaintiff has been told that staff will not copy documents. Plaintiff claims that as a result he cannot represent himself. 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…

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.