O'Brien

O'Brien v. Gularte

Good Law
United States District Court, Southern District of CaliforniaMarch 4, 20203:18-cv-00980California474 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No.: 18-cv-980-BAS-MDD

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION FOR APPOINTMENT OF

COUNSEL PURSUANT TO

LISA GULARTE, et al., U.S.C. § 1915(e)(1) Defendant. [Doc. No. 71] 16 17 Plaintiff, proceeding pro se and in forma pauperis (“IFP”) with a seconded amended civil rights Complaint [Doc. No. 40] filed pursuant to 42 U.S.C. § 1983, and currently incarcerated at Valley State Prison, has submitted a motion in which he requests that the Court appoint counsel for him pursuant to 28 U.S.C. § 1915(e)(1) [Doc. No. 71]. “[T]here is no absolute right to counsel in civil proceedings.” Hedges v. Resolution Trust Corp. (In re Hedges), 32 F.3d 1360, 1363 (9th Cir. 1994) (citation omitted). Thus, federal courts do not have the authority “to make coercive appointments of counsel.” Mallard v. United States District Court, 490 U.S. 296, 310 (1989); see also United States v.…

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