(PC) Stewart v. De La Cruz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERICK LATON STEWART, SR., Case No. 1:20-cv-00978-JLT-HBK(PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL
v. (Doc. No. 29) A. DE LA CRUZ and J, MIRAMONTES, Defendants. 16 Pending before the Court is Plaintiff’s motion for appointment of counsel filed December 29, 2023. (Doc. No. 29). Plaintiff, a prisoner, is proceeding pro se and in forma pauperis on his civil rights complaint alleging an Eight Amendment excessive use of force claim against Defendants. (Doc. Nos. 1, 4). Plaintiff seeks appointment counsel because he “is a greenhorn at law” and has been diagnosed by correctional officials “as an inmate requiring a level of mental health care that necessitates prison officials to communicate with Plaintiff in a slowly spoken mode to assure that Plaintiff understands what is being conveyed to him.” (Doc. No. 29 at 2). Additionally, Plaintiff has had the assistance of other inmates to help him with this litigation, but 25 …