Sutton

(PC) Cooley v. Sutton

Good Law
United States District Court, Eastern District of CaliforniaJanuary 14, 20201:19-cv-01804California408 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RODERICK G. COOLEY, Case No. 1:19-cv-01804-JDP

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR

APPOINTMENT OF COUNSEL

v. ECF No. 3 JOHN SUTTON, Defendant.

16 Plaintiff Roderick G. Cooley is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On December 30, 2019, plaintiff filed a motion requesting appointed of counsel. ECF No. 3. Plaintiff submits that he is unable to afford counsel. Id. 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a constitutional right to appointed counsel in this action, see Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds on reh’g en banc, 154 F.3d 952 (9th Cir. 1998), and this court lacks the authority to require an attorney to represent plaintiff, see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). This court may request the voluntary assistance of counsel. See 28 U.S.C. § 26 …

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