Petras
(PC) Martin v. Petras
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 O.Z. MARTIN, No. 2:19-cv-2075 TLN KJN P Plaintiff, v. ORDER ROBERT FOX, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42 U.S.C. § 1983. This action is set for trial before the Honorable Troy L. Nunley on July 15, 2024. Pending before the court is plaintiff’s motion for appointment of counsel to represent him at trial. (ECF No. 82.) For the reasons stated herein, plaintiff’s motion for appointment of counsel is denied. Legal Standard 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 circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 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…