(PC) Vargas v. California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DOMINIC (AKA DIAMOND) VARGAS, 1:20-cv-00083-NONE-JLT (PC)
Plaintiff, ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S
v. MOTION FOR APPOINTMENT OF
COUNSEL
CALIFORNIA DEPARTMENT OF CORRECTIONS AND (Doc. 21) REHABILITATION, et al.,
Defendants.
17 On August 12, 2021, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 21.) Currently pending before the Court Plaintiff’s second amended complaint, which will be screened by the Court in due course. (See Doc. 20.) 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, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a…