Oboyle

(PC) Escamilla v. Oboyle

Good Law
United States District Court, Eastern District of CaliforniaApril 12, 20232:22-cv-02038California606 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON MIGUEL ESCAMILLA, No. 2:22-cv-2038 KJM AC P Plaintiff, v. ORDER A. OBOYLE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court are plaintiff’s request for the appointment of counsel (ECF No. 35) and defendants’ request for a second extension of time to opt out of the Post- Screening ADR Project (ECF No. 37). Good cause appearing, defendants’ request for an additional thirty days to opt out of ADR will be granted. With respect to plaintiff’s request for counsel, 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). …

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