Wallace
Wallace v. Lemoore PD
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES EDWARD WALLACE, Case No. 1:21-cv-001275-DAD-EPG Plaintiff, v. ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL WITHOUT
LEMOORE PD, et al., PREJUDICE Defendants. (ECF No. 4) 16 17 Plaintiff James Edward Wallace is an inmate proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 9, 2021, Plaintiff filed a 19 motion for appointment of counsel, stating, in part, that his status as an “in[d]igent inmate with 20 limited reso[u]rces/supplies” warrants the Court’s appointment of counsel. (ECF No. 4). 21 Pursuant to 28 U.S.C. § 1915(e)(1), the Court may request that an attorney represent an 22 indigent party in a civil case. However, the appointment of counsel is not a constitutional right, 23 and the Court cannot require an attorney to represent a party. See Rand v. Rowland, 113 F.3d 24 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 (9th Cir. 1998); 25 Mallard…