Davey

(PC) Huapaya v. Davey

Good Law
United States District Court, Eastern District of CaliforniaJune 23, 20201:17-cv-01441California591 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ENRIQUE HUAPAYA, ) Case No. 1:17-cv-01441-DAD-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S SECOND v. ) MOTION FOR APPOINTMENT OF COUNSEL

) D. DAVEY, et al., [ECF No. 63] ) Defendants. ) ) )

Plaintiff Enrique Huapaya is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s second motion for appointment of counsel, filed on June 22, 2020. As Plaintiff was previously advised, he 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 any 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 (1989). However, in certain exceptional circumstances the Court may request…

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