(PC) Foster v. Tulare County Sheriff's Department

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JONAS B. FOSTER, 1:20-cv-01596-SAB (PC)

11 Plaintiff,

ORDER DENYING MOTION FOR

12 v. APPOINTMENT OF COUNSEL,

WITHOUT PREJUDICE

13 TULARE COUNTY SHERIFF’S DEPARTMENT, et al (ECF No. 3) 14 Defendant. 15

16 On November 12, 2020, Plaintiff filed a motion seeking the appointment of counsel. 17 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 18 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent 19 plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the 20 Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional 21 circumstances the Court may request the voluntary assistance of counsel pursuant to section 22 1915(e)(1). Rand, 113 F.3d at 1525. 23 Without a reasonable method of securing and compensating counsel, the Court will seek 24 volunteer counsel only in the most serious and exceptional cases. In…