Barker
Barker v. Washburn
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANTHONY BARKER, Case No. 1:21-cv-01169-NONE-SAB
Plaintiff, ORDER DENYING MOTION TO APPOINT
COUNSEL
v. (ECF No. 8) WASHBURN, et al.,
Defendants. 16 17 18 19 Anthony Barker (“Plaintiff”), a detainee at the Kings County Jail proceeding pro se and in forma pauperis in this matter, initiated this civil rights action on August 2, 2021. (ECF No. 1.) On September 7, 2021, Plaintiff filed a motion to appoint counsel. (ECF No. 8.) For the reasons stated herein, Plaintiff’s motion shall be denied. I. LEGAL STANDARD Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), overruled on other grounds, 154 F.3d 952 (1998), and district courts lack authority to require counsel to represent indigent prisoners in § 1983 pursuant to 28 U.S.C. § 1915(e)(1), Mallard v. United States District Court, 490 U.S. 296, 298, 301–03 (1989). …