Biter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY ASBERRY, Case No. 1:16-cv-01741-LJO-JDP Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO APPOINT COUNSEL

v. ECF No. 172 C. RELEVANTE, et al., Defendants. 16 Plaintiff, a state prisoner proceeding without counsel, moves for counsel for the third time in this case. ECF No. 172. Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an attorney to represent plaintiff. See Mallard v. U.S. District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). The court may request the voluntary assistance of counsel. See 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person unable to afford counsel”); Rand, 113 F.3d at 1525. However, without a means to compensate counsel, the court will seek volunteer counsel only in exceptional circumstances. In determining…