Santiesteban

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARK A. HODGE, ) Case No.: 1:19-cv-00341-LJO-SAB (PC) ) Plaintiff, ) ) ORDER DENYING, WITHOUT PREJUDICE, v. ) PLAINTIFF’S MOTION FOR APPOINTMENT

OF COUNSEL

C. SANTIESTEBAN, et.al., ) ) [ECF No. 25] Defendants. ) ) ) ) )

Plaintiff Mark A. Hodge 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 motion for appointment of counsel, filed October 7, 2019. 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). However, in certain exceptional circumstances the court 26 …