Cloak

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EARL DAVIS, SR., Case No. 1:22-cv-01632-JLT-HBK (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S SECOND

MOTION FOR APPOINTMENT OF COUNSEL

v. (Doc. No. 59) S. REED, R. VINCENT, and E. CLOAK,

Defendants.

16 Pending before the Court is Plaintiff’s second Motion for Appointment of Counsel filed on January 11, 2024. (Doc. No. 59). For the reasons set forth below, the Court again finds no exceptional circumstances to warrant appointment of counsel in this civil action. The United States Constitution does not require appointment of counsel in civil cases. See Lewis v. Casey, 518 U.S. 343, 354 (1996) (explaining Bounds v. Smith, 430 U.S. at 817, did not create a right to appointment of counsel in civil cases). Under 28 U.S.C. § 1915, this court has discretionary authority to appoint counsel for an indigent to commence, prosecute, or defend a civil action. See 28 U.S.C. § 1915(e)(1) (stating the court has authority to appoint counsel for people…