Oglesby

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, No. 1:25-cv-00042-KES-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (ECF No. 3) WILLIAM OGLESBY, et al.,

Defendants.

16 Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant action on January 3, 2025, along with a motion for appointment of counsel. (ECF Nos. 1, 3.) Plaintiff requests appointment of counsel because: (1) he is indigent and cannot afford a lawyer; (2) his imprisonment limits his ability to litigate the case; (3) a trial will likely involve conflicting testimony; and (4) he has been unable to obtain a lawyer on his own behalf. (ECF No. 3.) 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.…