(PC) Young v. Corcoran State Prison Visiting Staff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 GALE J. YOUNG, et al. No. 1:24-cv-00776-SAB (PC) Plaintiffs, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE CORCORAN STATE PRISON VISITING (ECF No. 23)

STAFF,

14 Defendant. 15 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42

U.S.C. § 1983.

18 Currently before the Court is Plaintiff’s motion for appointment of counsel, filed February 19 28, 2024. Plaintiff submits that his criminal case has been returned to state court and he is in not 20 in a position mentally to litigate this case. (ECF No. 23.) 21 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 22 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any attorney to 23 represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for 24 the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional 25 circumstances the…