(PC) Pratt v. United State of America

Good Law
United States District Court, Eastern District of CaliforniaDecember 3, 20191:19-cv-01465California357 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BYRON PRATT, 1:19-cv-01465-SKO (PC) Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. (Doc. 6) UNITED STATES OF AMERICA, Defendant.

On November 25, 2019, Plaintiff Byron Pratt filed a motion seeking the appointment of counsel. (Doc. 6.) Plaintiff does not have a constitutional right to appointed counsel in this civil action, see Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent a party 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 seek volunteer counsel only in the most serious and exceptional cases. In determining whether “exceptional circumstances exist, a district…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.