(PC) Smith v. Gonzales

Good Law
United States District Court, Eastern District of CaliforniaMarch 23, 20201:17-cv-00436California684 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY SMITH, 1:17-cv-00436-DAD-GSA (PC)

Plaintiff, ORDER DENYING MOTIONS FOR

APPOINTMENT OF COUNSEL

v. (ECF Nos. 66 & 68.) J. GONZALES, Defendant.

21 On March 11th and 13th, 2020, Plaintiff filed motions seeking the appointment of counsel. (ECF Nos. 64, 66.) 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 cannot require an attorney to represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and compensating counsel, the court will seek volunteer counsel only in the most serious and …

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