Petras

(PC) Ray v. Petras

Good Law
United States District Court, Eastern District of CaliforniaFebruary 8, 20212:19-cv-01865California329 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY D. RAY, Case No. 2:19-cv-01865-KJM-JDP (PC)

Plaintiff, ORDER DENYING MOTION TO APPOINT

COUNSEL

v. ECF No. 45 ONGNEN PETRAS, et al.,

Defendants. 16 Plaintiff is a prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff has filed his fourth motion for appointment of counsel. ECF No. 45. As previously explained to plaintiff, he 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 him. 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. However, without a means to compensate counsel, the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.