(PC) Baltierra v. Warden - North Kern State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BALTIERRA, Case No. 1:21-cv-01723-DAD-HBK Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO APPOINT COUNSEL

v. (Doc. No. 12) WARDEN – NORTH KERN STATE

PRISON,

15 Defendant. 16 17 Plaintiff James Baltierra is a current state prisoner proceeding pro se and in forma pauperis on his complaint filed pursuant to 42 U.S.C. § 1983. (Doc. No. 1, 10). Pending before the Court is Plaintiff’s motion to appoint counsel. (Doc. No. 12). 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 counsel); see also United…