Archie

(PC) Epps v. Archie

Good Law
United States District Court, Eastern District of CaliforniaMarch 1, 20242:23-cv-00135California322 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EPPS, No. 2:23-cv-00135-DAD-EFB (PC) Plaintiff, v. ORDER ARCHIE, Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He again requests that the court appoint counsel. ECF No. 39. Plaintiff asks the court to inform him whether he is entitled to appointment of an attorney should this case go to trial because, if not, he will try to hire one. Plaintiff is not entitled to appointment of counsel in this civil case. As the court has informed plaintiff several times, district courts lack authority to require counsel to represent indigent prisoners in § 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 to 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…

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