(PC) Parker v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN PARKER, III, No. 2:23-cv-0754 KJN P Plaintiff, v. ORDER JEFF LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with an action brought under 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions for appointment of counsel, for the attendance of an incarcerated witness and to compel. (ECF Nos. 24, 25, 26, 27.) For the reasons stated herein, plaintiff’s motions are denied. Motion for Appointment of Counsel (ECF No. 24) 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 (9th Cir. 1990). When determining…