Wong

(PC) Brown v. Wong

Good Law
United States District Court, Eastern District of CaliforniaJuly 22, 20212:20-cv-01673California404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHARLES BROWN, Case No. 2:20-cv-01673-JAM-JDP (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTIONS

TO APPOINT COUNSEL

v. ECF Nos. 48, 50 S.H. WONG,

Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He has filed two identical motions asking that he be appointed counsel. ECF Nos. 48, 50. 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 means of compensating counsel, the 26 …

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