Allison
Peter N. Dior v. Allison, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PETER N. DIOR, No. 1:21-cv-01282-KES-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR APPOINTMENT OF
v. COUNSEL, WITHOUT PREJUDICE ALLISON, et al., (ECF No. 32) 15 Defendants. 16 17 Plaintiff is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. 18 Currently before Plaintiff’s motion for appointment of counsel, filed October 15, 2025. 19 (ECF No. 32.) 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), and the court cannot require any attorney to 22 represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for 23 the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional 24 circumstances the court may request the voluntary assistance of counsel pursuant to section 25 1915(e)(1). Rand, 113 F.3d at 1525. 26 Without a reasonable method of securing and…