Burton

(PC) Davis v. Burton

Good Law
United States District Court, Eastern District of CaliforniaJuly 9, 20212:20-cv-01260California514 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DON ANGELO DAVIS, No. 2:20-cv-1260 DB P Plaintiff, v. ORDER ROBERT BURTON, Warden, Defendant. 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 for the appointment of counsel. (ECF No. 16.) In support of his motion, plaintiff alleges that he is incarcerated and unable to afford counsel. (Id.) He requests that counsel be appointed to protect his interest. Plaintiff has presented his motion on a form used to request counsel in California superior courts that cites to California Rules of Court, rule 4.551(c)(2). Rule 4.551 of the California Rules of court provides that, in habeas corpus proceedings, “[t]he court must issue an order to show cause if the petitioner has made a prima facie showing that he or she is entitled to…

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