Constable
(PC) Cyprian v. Constable
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REALIOUS CYPRIAN, No. 2:19-cv-0689 JAM AC P Plaintiff, v. ORDER T. CONSTABLE, et al., Defendants. 16 Plaintiff, an inmate currently housed at California Health Care Facility (“CHCF”), has requested the appointment of counsel. ECF No. 59. In support of the motion, plaintiff states that due to new COVID-19 cases and modified programming at CHCF, his access to legal help and to resources has been greatly hindered. See id. at 1. Plaintiff further represents that his own confinement and transfers to different facility yards have also served to make it more difficult for him to seek and receive legal help and assistance. See 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 court may request the voluntary 26 …