(PC)Kelly
(PC)Kelly v. Warden of Kern Valley State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, 1:24-cv-01148-GSA (PC)
Plaintiff,
ORDER DENYING MOTION FOR
v. APPOINTMENT OF COUNSEL
WARDEN OF KERN VALLEY STATE (Document# 3) PRISON, et al., 15 Defendant.
17 On September 26, 2024, plaintiff filed a motion seeking the appointment of 18 counsel. Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 19 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to 20 represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for 21 the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in 22 certain exceptional circumstances the court may request the voluntary assistance of counsel 23 pursuant to section § 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether…