Unknown

(PC) Howard v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaJune 14, 20241:24-cv-00429California534 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ABDUL HOWARD, No. 1:24-cv-00429-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE UNKNOWN, (ECF No. 11)

Defendant.

16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (“FTCA”). Currently before the Court is Plaintiff’s motion for appointment of counsel, filed June 13, 2024. Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to…

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