Allison
(PC) Nieves v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SANDI DAWN NIEVES, Case No. 1:22-cv-01020-CDB (PC)
Plaintiff, ORDER DENYING MOTIONS FOR
APPOINTMENT OF COUNSEL
v. KATHLEEN ALLISON, et al., (ECF Nos. 3, 10) Defendants.
16 Plaintiff Sandi Dawn Nieves is a state prisoner proceeding pro se in this civil rights action filed under 42 U.S.C. § 1983. On August 15, 2022, Plaintiff filed a motion for the appointment of counsel. (ECF No. 3.) As grounds, Plaintiff states that she is indigent and is unable to hire counsel. (Id.) Plaintiff filed a duplicate of the motion on September 13, 2022. (ECF No. 10.) Plaintiff does not have a constitutional right to appointed counsel in this action. Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). The district courts lack authority to require counsel to represent indigent prisoners in Section 1983 cases. Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court…