Lewis

(PC) Martinez v. Lewis

Good Law
United States District Court, Eastern District of CaliforniaAugust 16, 20191:19-cv-00812California527 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICARDO MARTINEZ, ) Case No.: 1:19-cv-00812-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S SECOND v. ) MOTION FOR APPOINTMENT OF COUNSEL,

WITHOUT PREJUDICE

J. LEWIS, et al., ) ) [ECF No. 15] Defendants. ) ) ) ) )

Plaintiff Ricardo Martinez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s second motion for appointment of counsel, filed August 15, 2019. As Plaintiff was previously advised, 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. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). …

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