French
French v. Mitchell
Opinion
Trial Court Opinion
I. BACKGROUND
24 Plaintiff initiated this action by filing a complaint on September 6, 2022, naming as 25 Defendant RJD Correctional Officer J. Mitchell (“Defendant”). ECF No. 1. On 26 October 3, 2022, the Court granted Plaintiff’s motion to proceed in forma pauperis. ECF 27 No. 6. On December 19, 2022, Defendant filed an answer to the claims in Plaintiff’s 28 complaint. ECF No. 9. On February 1, 2023, the Court issued its scheduling order regulating discovery and other pre-trial proceedings. ECF No. 16. After the Court issued its scheduling order, Plaintiff propounded written discovery requests and filed a motion to depose witnesses. ECF Nos. 17, 18, 24. The Court denied as moot Plaintiff’s motion to take the deposition of an incarcerated witness because, by the time the motion was received, Plaintiff had already deposed the witness. ECF No. 25. Plaintiff filed the instant motion for appointment of counsel on June 15, 2023. ECF No. 26. This Order follows. II. LEGAL STANDARD There is no constitutional right to appointment of counsel in a civil case unless an indigent litigant’s physical liberty is at…