(PC) Powell v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20242:22-cv-01493California601 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM RANDOLPH POWELL, No. 2:22-CV-1493-DAD-DMC-P Plaintiff, v. ORDER JEFF LYNCH, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for the appointment of counsel and an extension of time to file an opposition to Defendant Lynch’s motion to dismiss. See ECF No. 22. Turning first to Plaintiff’s request for the appointment of counsel, the United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.