Grimes

(PC) Sanders v. Grimes

Good Law
United States District Court, Eastern District of CaliforniaDecember 12, 20191:18-cv-01285California503 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TROY ALEXANDER SANDERS, Case No.: 1:18-cv-01285-AWI-JLT (PC)

Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. (Doc. 27) GRIMES, et al., Defendants. 16 Plaintiff Sanders requests the appointment of counsel. (Doc. 27.) 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 seek volunteer counsel only in extraordinary cases. In determining whether “exceptional circumstances exist, a district court must evaluate both the likelihood of success…

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