Zell
(PC) Lollis v. Zell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 WILLIAM MATTHEW LOLLIS, No. 2:22-cv-0486 WBS DB P Plaintiff, v. ORDER L. MUNDY, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §1983. Plaintiff alleges defendants falsified a disciplinary report in retaliation for plaintiff’s statement that he intended to file a grievance against them. Plaintiff has requested appointment of counsel. He argues that he cannot afford an attorney, has limited law library access, has no legal experience or education, and the case is complex. 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…