Davey
(PC) Martinez v. Davey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No.: 1:16-cv-01658-JLT (PC)
Plaintiff, ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
v. COUNSEL
D. DAVEY, et al., (Doc. 94)
Defendants.
16 On July 29, 2021, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 94.) The Court previously appointed a pro bono attorney for the limited purpose of drafting and filing a fifth amended complaint. (See Doc. 51.) However, under the present posture of the case, the Court does not find appointment of counsel appropriate. 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 under 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under section 1915(e)(1). Rand,…