(PC) Foust v. Consumer Attorney Marketing Service

Good Law
United States District Court, Eastern District of CaliforniaMay 3, 20212:20-cv-02553California468 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARL FOUST, Case No. 2:20-cv-02553-WBS-JDP (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO APPOINT COUNSEL AND GRANTING

v. PLAINTIFF AN EXTENSION OF TIME

CONSUMER ATTORNEY MARKETING ECF No.

SERVICE,

Defendant. On March 4, 2021, the court screened plaintiff’s complaint, notified plaintiff that it failed to state a claim, and granted plaintiff sixty days to file an amended complaint. ECF No. 14. Plaintiff has since filed a motion requesting the appointment of counsel. ECF No. 18. 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…

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