(PC) Craig v. Jones

E.D. California

(PC) Craig v. Jones

DecidedMay 16, 2023

Docket2:22-cv-01874

StatusUnknown

This text of (PC) Craig v. Jones ((PC) Craig v. Jones) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC) Craig v. Jones, (E.D. Cal. 2023).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL A. CRAIG, No. 2:22-cv-1874 AC P 12 Plaintiff, 13 v. ORDER 14 GENA JONES, et al., 15 Defendants. 16 17 Plaintiff has requested the appointment of counsel. ECF No. 5. In support of the motion, 18 plaintiff states in part that he is indigent; that efforts he made to secure counsel for himself have 19 been unsuccessful, and that he has limited knowledge of the law. Id. at 1-4. 20 The United States Supreme Court has ruled that district courts lack authority to require 21 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 22 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary 23 assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 24 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). Given the facts 25 above, the court does not find the required exceptional circumstances. Plaintiff’s request for the 26 appointment of counsel will therefore be denied. 27 //// 28 //// ] Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of 2 || counsel (ECF No. 5) is DENIED. 3 || DATED: May 16, 2023 ~ 4 ttt0n— ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL A. CRAIG, No. 2:22-cv-1874 AC P 12 Plaintiff, 13 v. ORDER 14 GENA JONES, et al., 15 Defendants. 16 17 Plaintiff has requested the appointment of counsel. ECF No. 5. In support of the motion, 18 plaintiff states in part that he is indigent; that efforts he made to secure counsel for himself have 19 been unsuccessful, and that he has limited knowledge of the law. Id. at 1-4. 20 The United States Supreme Court has ruled that district courts lack authority to require 21 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 22 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary 23 assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 24 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). Given the facts 25 above, the court does not find the required exceptional circumstances. Plaintiff’s request for the 26 appointment of counsel will therefore be denied. 27 //// 28 //// ] Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of 2 || counsel (ECF No. 5) is DENIED. 3 || DATED: May 16, 2023 ~ 4 ttt0n— ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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