Warden

(PC) Carroll v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMay 26, 20211:21-cv-00821California594 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CRAIG CARROLL, Case No. 1:21-cv-0821 HBK Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO APPOINT COUNSEL

v.

WARDEN, et al., (Doc. No. 3) Defendants.

16 17 Plaintiff, who is a prisoner, initiated this action by filing a pro se civil rights complaint filed under 42 U.S.C. § 1983 on May 24, 2021. (Doc. No. 1). Plaintiff accompanied his complaint with a motion for leave to appoint counsel filed May 24, 2021. (Doc. No. 3). The court has not screened Plaintiff’s complaint. See 28 U.S.C. § 1915A. 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 appointment of counsel in civil cases). Under 28 U.S.C. § 1915, this court has discretionary authority to appoint counsel for an indigent to commence, prosecute, or defend a civil action. See 28 U.S.C. § 1915(e)(1) (stating the court has…

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