Morris

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRISTIN HARDY, No. 2:13-cv-0726 JAM DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

C. DAVIS, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before this court are plaintiff’s motion for a “preliminary injunction / temporary restraining order” and motion to appoint counsel. (See ECF Nos. 128, 130). For the reasons stated below, the undersigned shall deny plaintiff’s motion to appoint counsel. In addition, it shall be recommended that plaintiff’s motion for a temporary restraining order be denied. I. MOTION TO APPOINT COUNSEL A. Applicable Law District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. …