(PC) Wallace v. California Department of Corrections & Rehabilitation

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JAMES WALLACE, II, Case No. 1:20-cv-00905-NONE-JLT (PC)

12 Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION

13 v. FOR APPOINTMENT OF COUNSEL

14 CALIFORNIA DEPARTMENT OF (Doc. 3)

CORRECTIONS AND

15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff requests the appointment of counsel to represent him in this action. (Doc. 3.) 19 Plaintiffs do not have a constitutional right to appointed counsel in section 1983 actions, Rand v. 20 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to 21 represent a party under 28 U.S.C. § 1915(e)(1). See Mallard v. U.S. Dist. Court, 490 U.S. 296, 22 304-05 (1989). However, in “exceptional circumstances,” the Court may request the voluntary 23 assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Given that the Court has no reasonable method of securing and compensating counsel, the 25 Court will seek volunteer counsel only in extraordinary cases. In…