Garcia
(PC) Harris v. Garcia
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID D. HARRIS, No. 2:22-cv-1273 DAD KJN P Plaintiff, v. ORDER A. GARCIA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. On September 12, 2022, the undersigned referred this action to the Post-Screening ADR Project and stayed this action for 120 days. (ECF No. 17.) This action is set for a settlement conference before Magistrate Judge Claire on March 9, 2023. (ECF No. 23.) This action is stayed to the date of the settlement conference. (ECF No. 24.) On January 6, 2023, plaintiff filed a motion for appointment of counsel. (ECF No. 28.) Although this action is stayed, the undersigned herein considers plaintiff’s motion for appointment of counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional 27 …