IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 16, 2012
JAWAYNE FAMBROUGH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Jennifer L. ThurstonUNITED States Magistrate Judge
ORDER GRANTING ORAL MOTION FOR APPOINTMENT OF COUNSEL
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that Defendants Copeland and Fambrough used excessive force on him while they escorted him to the Program Office at Kern Valley State Prison on August 23, 2006. Plaintiff alleges also that Amoako, Peacock, Whitehead, and Yates failed to protect him from the use of excessive force.
On March 16, 2012, the Court conducted the trial confirmation and pretrial conference in this matter. At the hearing, Plaintiff reiterated his request for appointment of counsel. The Court explained that this case and the level of complexity of the issues raised in it do not make is exceptional such to warrant appointment of counsel. However, in discussing the pretrial issues, it became apparent to the Court that Plaintiff is not capable of organizing his case sufficiently to present it in an understandable fashion to a jury.
Therefore, Plaintiff's oral request for appointment of counsel is GRANTED.
IT IS SO ORDERED.
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