Sullivan

I. BACKGROUND

21 Norberto Serna (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 22 with this civil rights action pursuant to 42 U.S.C. § 1983 and Title II of the Americans with 23 Disabilities Act (ADA), 42 U.S.C. § 12132. On June 11, 2018, Plaintiff filed the Complaint 24 commencing this action. (ECF No. 1.) 25 On December 5, 2019, the court entered findings and recommendations to dismiss this 26 case for Plaintiff’s failure to state a claim based upon Plaintiff’s failure to file an amended 27 28 complaint pursuant to the court’s order of September 27, 2019. (ECF No. 16.) On December 19, 2019, Plaintiff filed objections to the findings and recommendations. (ECF No. 17.) II. MOTION FOR APPOINTMENT OF COUNSEL In his objections, Plaintiff requests appointment of counsel asserting that he is uneducated, can barely read and write in Spanish, and cannot speak English well enough to litigate this case. Plaintiff explains that another inmate is assisting him. 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…