Flores

(PC) Garland v. Flores

Good Law
United States District Court, Eastern District of CaliforniaApril 27, 20212:20-cv-01061California402 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SHAUN DARNELL GARLAND, Case No. 2:20-cv-01061-JAM-JDP (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO APPOINT COUNSEL

v. ECF No. 20 LAURA ELDRIDGE, et al.,

Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He has filed a motion requesting the appointment of counsel. ECF No. 20. 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. However, without a means to compensate counsel, the court will…

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