Bennett v. Project 90
- Jacquelyn Corley
- 3:24-cv-06492
- U.S. District Court · Northern District of California
- 2
In David Bennett v. Project 90, Judge Corley denied counsel but granted in part Bennett’s requests for forms and case-status information.
David Bennett’s requests for appointed counsel, a fee-waiver application, and case-status information were affected. The already-dismissed case and judgment were not reopened.
What happened
David Bennett, who was representing himself and is incarcerated, asked the court to appoint a lawyer after his civil-rights case against Project 90 and others had been dismissed and judgment entered against him. He said he was the prevailing party and likely to succeed.
The court explained that civil litigants generally do not have a right to a court-appointed lawyer. It found no exceptional circumstances supporting appointment, particularly because the case was already dismissed and closed. Any request for a lawyer for an appeal must be made to the federal appeals court.
Judge Jacquelyn Corley denied the motion for appointment of counsel. The court granted in part Bennett’s request for permission to proceed without paying fees and for information about his case, directing the Clerk to send him the docket summary and the court’s fee-waiver form; the court said it did not have the other forms he requested.
The detailed version
- Bennett v. Project 90 · No. 3:24-cv-06492
- Jacquelyn Corley
- Mar. 2, 2026
Background
David Bennett, a California prisoner proceeding without a lawyer, brought a civil-rights case under 42 U.S.C. § 1983. The opinion states that the case had already been dismissed and that judgment had been entered against him. About one month later, Bennett moved for appointment of counsel, describing himself as the “prevailing party” and someone “likely to be successful in this case.”
Bennett also requested the court’s application for permission to proceed without paying filing fees and requested information about the status of his case.
Appointment of Counsel
The court stated that there is no general right to appointed counsel in a civil case. Under 28 U.S.C. § 1915, appointment for a person unable to afford a lawyer is within the trial court’s discretion and is granted only in exceptional circumstances. The court found no exceptional circumstances. It emphasized that Bennett had not prevailed, because judgment had been entered against him, and that the case had been dismissed and closed.
To the extent Bennett sought appointed counsel for an appeal, the court stated that he must make that request in the United States Court of Appeals.
Disposition
The court denied the motion for appointment of counsel. It granted in part Bennett’s request for the fee-waiver application and case-status information. The Clerk was directed to send Bennett a copy of the docket summary report and the court’s form for requesting permission to proceed without paying fees. The court stated that it did not have the other forms Bennett requested. The order resolved docket number 14.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.