Robinson v. Silva

Opinion

1 2 3 4 5 6 7 10 CALVIN M. ROBINSON, 11 Case No. 24-cv-02154 BLF (PR) Plaintiff, 12 ORDER DENYING REQUEST FOR v. APPOINTMENT OF COUNSEL 13

14 PHILLIPE SILVA, et al.,

15 Defendants. (Docket No. 22) 16

17 18 Plaintiff, a state prisoner, filed the instant pro se civil rights action pursuant to 42 19 U.S.C. § 1983 against prison staff at Salinas Valley State Prison (“SVSP”), where he was 20 formerly confined, for Eighth Amendment violations. Dkt. No. 1. The Court found the 21 complaint stated cognizable claims and ordered service on Defendants. Dkt. No. 12. 22 Plaintiff has filed a letter requesting “to receive counsel legal representation to 23 assist me with my lawsuits.” Dkt. No. 22. He provides no basis for this request. Id. 24 There is no constitutional right to counsel in a civil case unless an indigent litigant may 25 lose his physical liberty if he loses the litigation. See Lassiter v. Dep’t of Social Services, 26 452 U.S. 18, 25 (1981); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997) (no 27 constitutional right to counsel in § 1983 action), withdrawn in part on other grounds on 1 represent an indigent litigant under § 1915 is within “the sound discretion of the trial court 2 and is granted only in exceptional circumstances.” Franklin v. Murphy, 745 F.2d 1221, 3 1236 (9th Cir. 1984). Here, Plaintiff has presented no grounds to support his request. 4 Accordingly, the request is DENIED for lack of exceptional circumstances. See Agyveman 5 v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004); Rand, 113 F.3d at 6 1525 (9th Cir. 1997); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. 7 Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). 9 Dated: _ January 7, 2025 fouinbhacncan _ BETH LABSON FREEMAN 10 United States District Judge 11 g

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Oo Z 18 19 20 21 22 23 24 95 Order Denying Req. for Appt. of Counsel PRO-SE\BLF\CR.24\02154Robinson_atty 26 27