Pfeiffer

(PC) Martinez v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20211:20-cv-00998California397 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No. 1:20-cv-00998-SKO (PC)

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION

v. FOR APPOINTMENT OF COUNSEL

C. PFEIFFER, et al., (Doc. 3)

Defendants. 16 Plaintiff Ricardo Martinez is a state prison appearing pro se in this civil rights action under 42 U.S.C. § 1983. He requests the appointment of counsel to represent him in this case. (Doc. 3.) Plaintiffs do not have a constitutional right to appointed counsel in section 1983 actions, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent a party under 28 U.S.C. § 1915(e)(1). See Mallard v. U.S. Dist. Court, 490 U.S. 296, 304-05 (1989). However, in “exceptional circumstances,” the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Given that the Court has no reasonable method of securing and compensating counsel, the Court…

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