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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIAS SERDA DIAZ, Case No. 1:24-cv-00745-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (Doc. No. 15) TYLER, et al.,

Defendants. 16 Pending before the Court is Plaintiff’s motion for appointment of counsel, filed on September 30, 2024. (Doc. No. 15). Plaintiff seeks appointment of counsel pursuant to the Fourteenth Amendment and “due process of law.” (Id.). Contrary to Plaintiff’s understanding, the United States Constitution does not require appointment of counsel in civil cases. See Lewis v. Casey, 518 U.S. 343, 354 (1996) (explaining Bounds v. Smith, 430 U.S. 817 (1996), did not create a right to appointment of counsel in civil cases). Under 28 U.S.C. § 1915, this court has discretionary authority to appoint counsel for an indigent litigant to commence, prosecute, or defend a civil action. See 28 U.S.C. § 1915(e)(1) (stating the court has authority to appoint counsel for…