Aung

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE WILHELM, No. 2:22-cv-02323 DJC DB P 12 Plaintiff, 13 v. ORDER 14 SANDAR AUNG, 15 Defendant. 16 17 Plaintiff is a state inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. 18 § 1983. Plaintiff claims defendants used excessive force against him in violation of his Eighth 19 Amendment rights. Presently before the court is plaintiff’s motion to appoint counsel. (ECF No. 20 20.) 21 In support of the motion plaintiff argues that: (1) he is indigent and cannot afford counsel; 22 and (2) he is incarcerated. (ECF No. 20 at 1.) Further plaintiff asserts that “when a court issues 23 an order to show cause, counsel must be appointed for an indigent plaintiff who request counsel. 24 28 U.S.C. § 1915(e)(1).” (ECF No. 20 at 1.) 25 The United States Supreme Court has ruled that district courts lack authority to require 26 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 27 U.S.…