Dwivedi

(PC) Brookins v. Dwivedi

Good Law
United States District Court, Eastern District of CaliforniaAugust 13, 20211:18-cv-00645California398 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BARRY L. BROOKINS, 1:18-cv-00645-DAD-GSA-PC

Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

vs. (ECF No. 88.)

RAJENDRA DWIVEDI,

Defendant.

18 On July 16, 2021, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff 19 does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 20 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff 21 pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern 22 District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the 23 Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 24 F.3d at 1525. 25 Without a reasonable method of securing and compensating counsel, the Court will seek 26 volunteer counsel only in the most serious and exceptional cases. In determining whether 27 “exceptional…

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