Casey

(PC) Felix v. Casey

Good Law
United States District Court, Eastern District of CaliforniaAugust 2, 20212:18-cv-03185California440 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 EDDIE FELIX, No. 2:18-cv-3185 KJM AC P Plaintiff, v. ORDER JOHN CASEY, et al., Defendants. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. ECF No. 12. In support of the request, plaintiff states that he cannot afford counsel, that he has difficulty reading and understanding English, which is his second language, and that he has a TABE score of 3.4. See generally id. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990) The test for…

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