Barajas
(PC) Hernandez v. Barajas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JUAN HERNANDEZ, No. 2:21-cv-0480 TLN DB P Plaintiff, v. ORDER JOHN DOE #1, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his Eighth Amendment rights. Presently before the court is plaintiff’s motion for the appointment of counsel. (ECF No. 21.) In support of his motion plaintiff argues the court should appoint counsel because he is unable to afford counsel, his imprisonment will limit his ability to litigate, he has limited law library access and knowledge of the law, counsel would be able to assist plaintiff in cross examining witnesses, and he has made efforts to obtain counsel. (Id. at 1-2.) 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.…