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

Good Law
United States District Court, Eastern District of CaliforniaSeptember 16, 20221:21-cv-01723California809 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BALTIERRA, Case No. 1:21-cv-01723-ADA-HBK (PC) Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL AND

v. GRANTING REQUEST FOR CASE STATUS WARDEN NORTH KERN STATE (Doc. No. 15)

PRISON, JOHN DOE,

15 Defendants.

17 Pending before the Court is Plaintiff’s motion requesting appointment of counsel and a case status. (Doc. No. 15). Plaintiff, a prisoner, is proceeding pro se and in forma pauperis on his initial complaint filed under 42 U.S.C. § 1983. (Doc. Nos. 1, 10). The Court has previously denied Plaintiff appointment of counsel on April 6, 2022. (Doc. No. 12). As previously explained in the April 6, 2022 order, 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). Under 28 U.S.C. § 1915, this court has…

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