Wood

(PC) Reid v. Wood

Good Law
United States District Court, Eastern District of CaliforniaJanuary 16, 20201:18-cv-01635California392 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP REID, Case No.: 1:18-cv-01635-DAD-JLT (PC)

Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. (Doc. 31) AMANDA M. WOOD, Defendant. 16 Plaintiff requests the temporary appointment of counsel for his deposition on January 21, 2020. (Doc. 31.) As Plaintiff concedes, (see id. at 1), he does not have a constitutional right to appointed counsel in a section 1983 action, 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…

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