Kernan

(PC) Anderson v. Kernan

Good Law
United States District Court, Eastern District of CaliforniaOctober 23, 20191:19-cv-01048California429 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 HECTOR CLARENCE ANDERSON, 1:19-cv-01048-LJO-SKO (PC) Plaintiff, v. ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

SCOTT KERNAN, et al., (Doc. 16) Defendant.

17 18 Plaintiff Hector Clarence Anderson is a prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On October 7, 2019, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 16.) Plaintiffs do not have a constitutional right to appointed counsel in section 1983 actions, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent plaintiffs under 28 U.S.C. § 1915(e)(1). See Mallard v. U.S. Dist. Court, 490 U.S. 296, 304-05 (1989). However, in “exceptional circumstances,” the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Given that the Court has no reasonable method of securing and compensating counsel, the Court will…

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