Montejo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JIMMIE STEPHEN, No. 2:18-cv-1796 KJM DB P Plaintiff, v. ORDER E. MONTEJO, Defendant. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. This case is proceeding on plaintiff’s claim that defendant Montejo was deliberately indifferent to plaintiff’s serious medical need in violation of the Eighth Amendment. Plaintiff argues that he is inexperienced in the law, has limited law library access, and cannot afford an attorney. Plaintiff further argues that the issues in his case are complex and, if the case goes to trial, an attorney would be better able to present evidence and cross-examine witnesses. 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 district…