Singh

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DONALD JOSHUA SMITH, No. 2:20-cv-0101-TLN-JDP (PC) 11 Plaintiff, 12 v. ORDER DENYING MOTION TO APPOINT

COUNSEL

13 DHARMYIR SINGH, et al., ECF No. 23 14 Defendants. 15 16 Plaintiff is a prisoner proceeding without counsel in this civil rights action brought under 17 42 U.S.C. § 1983. Plaintiff moves for the appointment of counsel. ECF No. 23. 18 Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand 19 v.Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an 20 attorney to represent plaintiff. See Mallard v. U.S. District Court for the Southern District of 21 Iowa, 490 U.S. 296, 298 (1989). The court may request the voluntary assistance of counsel. See 22 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person unable to 23 afford counsel”); Rand, 113 F.3d at 1525. However, without a means to compensate counsel, the 24 court will seek volunteer counsel…