Lizarraga
(PC) Tucker v. Lizarraga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANDREW MICHAEL TUCKER, Case No. 1:19-cv-00736-AWI-JDP
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
v. FOR APPOINTMENT OF COUNSEL
JOE A. LIZARRAGA, et al., ECF No. 26 Defendants. 16 17 Plaintiff Andrew Michael Tucker is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On April 15, 2020, plaintiff filed a motion requesting appointed of counsel. ECF No. 26. Plaintiff argues that that he lacks knowledge of the law and needs to undergo physical therapy for a variety of injuries. 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), 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…