Garza

(PC) Trammel v. Garza

Good Law
United States District Court, Eastern District of CaliforniaMarch 5, 20211:20-cv-01344California490 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEMARION TRAMMEL, No. 1:20-cv-0001344-HBK Plaintiff, ORDER DENYING MOTION TO APPOINT

COUNSEL

v.

S GARZA, et. al. Doc. No. 11 Defendants.

16 17 Pending before the Court is plaintiff’s motion for leave to appoint counsel filed January 12, 2021. Doc. No. 11. Plaintiff is proceeding pro se on his civil rights complaint filed under 42 U.S.C. § 1983. Doc. No. 1. Due to his indigency, the Court granted plaintiff’s motion for leave to proceed in forma pauperis. Doc. No.5. In his motion, plaintiff seeks appoint of counsel because he is unable to afford counsel, his imprisonment will limit his ability to litigate the case, and a trial will result in conflicting testimony, a trial will likely occur in this case. Doc. No. 11 at 1-2. The United States Constitution does not require appointment of counsel in civil cases. See Lewis v. Casey, 518 U.S. 343, 354 (1996) (explaining Bounds v. Smith, 430 U.S. at 817, did not create a right to…

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