Goss

(PC) Mackey v. Goss

Good Law
United States District Court, Eastern District of CaliforniaMay 19, 20211:18-cv-00988California650 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOMMY MACKEY, Case No. 1:18-cv-00988-DAD-HBK Plaintiff, v. ORDER DENYING PLAINTIFFS MOTION TO

APPOINT COUNSEL

FNU RODRIQUEZ, et. al., (Doc. No. 48) Defendant.

17 Pending before the Court is plaintiff’s motion to appoint counsel filed April 30, 2021. (Doc. No. 48.) Plaintiff Tommy Mackey is currently incarcerated within a California state prison and is proceeding pro se on his civil rights complaint as screened. (See Doc. Nos. 1, 15, 16, 17, 30). Plaintiff is proceeding in forma pauperis. (Doc. No.7). 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. …

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