Barksdale

Barksdale v. Smith

Good Law
United States District Court, Northern District of CaliforniaMay 23, 20245:23-cv-05221California429 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KENNETH D. BARKSDALE, Case No. 23-cv-05221 BLF Plaintiff,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL 14 WARDEN OAK SMITH, et al., 15 Defendants (Docket No. 15)

17 Plaintiff, a state prisoner, filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983 against prison staff at San Quentin State Prison (“SQSP”), where he is currently confined. Dkt. No. 6. On April 12, 2024, the Court found the complaint stated cognizable claims of excessive force and failure to protect claim and ordered the matter served on one named Defendant. Dkt. No. 14. Plaintiff has filed a motion for appointment of counsel based on indigency, limitations due to his incarceration, possible retaliation from prison officials, his lack of legal experience and limited education, possibility of “complex legal and factual issues” arising, need for expert witnesses, and potential jury trial. Dkt. No. 15. There is no constitutional right to…

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