(PC) Mitchell v. Gonzales

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN EDWARD MITCHELL, No. 1:23-cv-00062-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE C. GONZALES, et al., (ECF No. 44) Defendants. 16 Plaintiff John Edward Mitchell is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for appointment of counsel, filed April 25, 2024. (ECF No. 44.) In support of the motion Plaintiff states he cannot afford counsel, his imprisonment will limit his ability to litigate, he has limited access to the law library, and a trial will likely involve conflicting testimony where counsel would enable Plaintiff to present evidence and cross examine witnesses. (Id. at 1-2.) The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States…