Zarate
(PC) Batton v. Zarate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARIO BATTON, Case No. 1:21-cv-00571-JLT (PC)
Plaintiff, ORDER DENYING PLAINTIFF’S
SECOND REQUEST FOR
v. APPOINTMENT OF COUNSEL
A. ZARATE, et al., (Doc. 15) Defendants.
16 On July 2, 2021, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 13.) The Court denied the motion without prejudice. (Doc. 14.) Plaintiff has filed a second request for appointment of counsel. (Doc. 15.) In support of the motion, Plaintiff submits a Rules Violation Report from April 2020, a copy of the prior order denying appointment of counsel, and consent form for psychotropic medication. (See id. at 3–10.) As previously discussed, 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. Dist. of Iowa,…