Gibbons

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RODNEY JEROME WOMACK, ) Case No.: 1:19-cv-00615-AWI-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION FOR v. ) APPOINTMENT OF COUNSEL, WITHOUT

PREJUDICE

W. GIBBONS, et al., ) ) [ECF No. 35] Defendants. ) ) ) ) )

Plaintiff Rodney Jerome Womack 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 motion for appointment of counsel, filed on June 22, 2020. 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 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). Nevertheless, in certain exceptional circumstances,…