(PC) Rodriguez v. United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANGEL RODRIGUEZ, ) Case No. 1:19-cv-00001-DAD-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S SECOND v. ) MOTION FOR APPOINTMENT OF COUNSEL

) UNITED STATES OF AMERICA, (ECF No. 47) ) Defendant. ) ) )

Plaintiff Angel Rodriguez is appearing pro se and in forma pauperis in this civil rights action pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674. Currently before the Court is Plaintiff’s second motion for appointment of counsel, filed March 26, 2021. There is no constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the court may request the…