(PC) Chavez v. Doe 1

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERTO CHAVEZ, 1:18-cv-01534 AWI-GSA (PC)

12 Plaintiff,

ORDER DENYING MOTION FOR

13 v. APPOINTMENT OF COUNSEL

14 J. DOE #1, et al., (Document #36.)

15 Defendants.

16 17 On October 19, 2020, plaintiff filed a motion seeking the appointment of counsel. Plaintiff 18 does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 19 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff pursuant 20 to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 21 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances 22 the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 23 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and …