Phui

(PC) Davis v. Phui

Good Law
United States District Court, Eastern District of CaliforniaOctober 21, 20211:20-cv-00276California837 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY DAVIS, Case No. 1:20-cv-276-HBK Plaintiff, ORDER DENYING MOTION TO APPOINT

COUNSEL

v. (Doc. No. 21) DR. PHUI, ET. AL., Defendants. 16 Plaintiff Kelly Davis is a current state prisoner proceeding in forma pauperis on his first amended complaint filed pursuant to 42 U.S.C. § 1983 alleging deliberate indifference to a serious medical condition. (Doc. No. 10). Pending before the Court is Plaintiff’s motion seeking appointment of counsel including attachments detailing Plaintiff’s wife’s attempts to secure pro bono counsel, filed on October 20, 2021. (Doc. No. 21). 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,…

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