(PC)Facchin
(PC)Facchin v. Kelley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KYLE THOMAS FACCHIN, 1:21-cv-00289-JLT (PC)
Plaintiff,
ORDER DENYING MOTION FOR
v. APPOINTMENT OF COUNSEL
SEAN KELLEY, (Doc. 7)
Defendant.
16 On March 18, 2021, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 7.) Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dis. of Iowa, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a reasonable method of securing and compensating counsel, the Court will seek volunteer counsel only in the most serious and exceptional cases. In determining whether exceptional circumstances exist, the district court must evaluate both the 25 …