Pickett
(PC) Garces v. Pickett
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS MANUEL GARCES, No. 2:17-cv-0319 DAD AC P Plaintiff, v. ORDER J. PICKETT, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983, has filed another motion for appointment of counsel and requests that his time to respond to defendants’ cross-motion for summary judgement be extended until after counsel is appointed. ECF No. 208. Plaintiff’s response is currently due by April 3, 2023. ECF No. 207. 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 court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th…