(PC) Amie v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaApril 14, 20201:20-cv-00244California376 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIN R. AMIE, 1:20-cv-00244-JLT (PC)

Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. (Doc. 3) CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff moves for the appointment of counsel. Plaintiff, however, 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). In certain exceptional circumstances, though, 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 exceptional cases. In determining…

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