Pfeffer

(PC) Mills v. Pfeffer

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20201:20-cv-00195California380 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DARRYL RAY MILLS, 1:20-cv-00195-JLT (PC)

Plaintiff, ORDER DENYING MOTIONS FOR

APPOINTMENT OF COUNSEL

v. (Docs. 5, 9) C. PFEFFER, et al., Defendant. 16 Plaintiff has filed two motions seeking the appointment of counsel. 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 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 (1989). However, in certain exceptional circumstances 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 whether “exceptional circumstances exist, the district…

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