(PC) Burchett v. California Dept of Corr and Rehabilitations

Good Law
United States District Court, Eastern District of CaliforniaJune 23, 20201:19-cv-00055California466 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 11 PETER BURCHETT, Case No. 1:19-cv-00055-NONE-EPG (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF PRO BONO v. COUNSEL, WITHOUT PREJUDICE 14 JANE DOE, et al., (ECF No. 85)

Defendants.

17 Peter Burchett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 22, 2020, Plaintiff filed a motion for appointment of pro bono counsel. (ECF No. 85). Plaintiff asks for appointment of counsel to gather evidence for him. Plaintiff also appears to argue that his case is meritorious. Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1).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…

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