Gannon

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LAMONT SHEPARD, Case No. 1:23-cv-01486-KES-EPG (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE

S. GANNON, et al., Defendants. (ECF No. 32) 15 Plaintiff Lamont Shepard is a state prisoner proceeding pro se in this civil rights action 16 filed pursuant to 42 U.S.C. § 1983. 17 On September 25, 2024, Plaintiff filed a motion for appointment of counsel. (ECF No. 18 32 at 3).1 Plaintiff states that he is incarcerated and indigent, and unable to afford counsel. (Id. 19 at 3). He asks that “counsel be appointed in this matter” to protect his interests. (Id.) 20 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 21 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 22 952 (9th Cir. 1998), even if he is indigent, and the Court cannot require an attorney to represent 23 Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States…