(SS)(PS) White v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 26, 20232:22-cv-01953California297 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH WHITE, No. 2:22-CV-1953-DMC Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Plaintiff brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pending before the Court is Plaintiff’s motion, ECF No. 10, for the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent plaintiffs in civil actions. See e.g. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). Plaintiff states that he is indigent and cannot afford counsel. In the present case, the Court does not at this…

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