Odeluga

(PC) Dosio v. Odeluga

Good Law
United States District Court, Eastern District of CaliforniaJune 3, 20211:19-cv-00675California396 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ELMER DOSIO, 1:19-cv-00675-DAD-GSA (PC)

Plaintiff,

ORDER DENYING MOTION FOR

v. APPOINTMENT OF COUNSEL

ODELUGA, et al., (Document #25)

Defendants.

16 On May 26, 2021, plaintiff filed a motion seeking the appointment of counsel. 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. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to section § 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and compensating counsel, the court will seek volunteer counsel only in the most serious and exceptional cases. …

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