(PC) Marceleno v. California Department of Corrections and Rehabiliation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIK ABELINO MARCELENO, 1:17-cv-01136 LJO-GSA (PC)

Plaintiff,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL

CALIFORNIA DEPARTMENT OF (Document# 27)

CORRECTIONS AND

REHABILITATION, et al,

Defendants.

18 On August 9, 2019, plaintiff filed a motion seeking the appointment of counsel. 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 an 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, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and compensating counsel, the court will seek volunteer…