Santoro

(PC) Santos Rodriguez v. Santoro

Good Law
United States District Court, Eastern District of CaliforniaSeptember 8, 20211:21-cv-01263California625 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SANTOS RODRIGUEZ, Case No. 1:21-cv-01263-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO APPOINT COUNSEL

v. (Doc. No. 4) KELLY SANTORO, Warden at North Kern State Prison, 15 Defendant. 16 17 Plaintiff Santos Rodriguez is a former state prisoner proceeding on his complaint filed pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Pending before the Court is Plaintiff’s construed motion seeking appointment of counsel filed September 3, 2021. (Doc. No. 4). 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). This Court has discretionary authority under 28 U.S.C. § 1915 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 authority to appoint counsel for people unable to afford…

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