Ali

(PC) Foust v. Ali

Good Law
United States District Court, Eastern District of CaliforniaJuly 20, 20212:19-cv-02579California1,616 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARL FOUST, No. 2:19-CV-2579-DMC-P Plaintiff, v. ORDER ALI, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court are Plaintiff’s two motions for appointment of counsel. ECF Nos. 48, 57. The Court denies the motions. I. STANDARD OF REVIEW The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in civil cases. See Mallard v. U.S. Dist. Court, 490 U.S. 296, 298, 301–02, 310 (1989). “Generally, a person has no right to counsel in civil actions.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (citing Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981)). In certain exceptional circumstances, the Court may request the voluntary assistance of counsel under 28 U.S.C. § 1915(e)(1). See id.; Terrell v. Brewer, 935 F.2d…

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