Childs

Childs v. Gasca

Good Law
United States District Court, Northern District of CaliforniaJanuary 30, 20244:21-cv-09466California528 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EARL CHILDS, Case No. 21-cv-09466-JSW

Plaintiff,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF INVESTIGATOR

H. GASCA, et al., (ECF No. 41) Defendants.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights case under 42 U.S.C. § 1983. He has filed a motion for appointment of a paralegal whom he has contacted or an attorney. He wants them to obtain declarations from witnesses who are inmates and staff members at his prison. Plaintiff has not cited authority under which the Court may appoint, or more specifically provide funds for an investigator or paralegal. As for appointment of an attorney, a court “may request an attorney to represent any person unable to afford counsel.” 28 U.S.C. § 1915(e)(1) (emphasis added). The decision to request counsel to represent an indigent litigant under § 1915 is within “the sound discretion of the trial court and is granted only in exceptional…

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