Paviglianti

(PC) Cain v. Paviglianti

Bad Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20212:20-cv-01768California479 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTONIO LAMONT CAIN, Case No. 2:20-cv-1768-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

v. ECF No. 14 B. PAUIGLIATI, et al., Defendants. 15 Plaintiff is a federal prisoner proceeding without counsel in this civil rights action brought under Bivens v. Six Unknown Named Narcotics Agents, 403 U.S. 388 (1971). Plaintiff has filed a motion requesting the appointment of counsel. ECF No. 14. Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an attorney to represent plaintiff. See Mallard v. U.S. District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). The court may request the voluntary assistance of counsel. See 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person unable to afford counsel”); Rand, 113 F.3d at 1525. …

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