Gordon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN MOISES NIETO, Case No. 1:20-cv-00291-JLT (PC)

Plaintiff, ORDER DENYING WITHOUT

PREJUDICE PLAINTIFF’S MOTION

v. FOR APPOINTMENT OF COUNSEL

YORK, et al., (Doc. 41) Defendants.

16 On September 22, 2021, Plaintiff filed a pleading that the Court construes as a motion seeking the appointment of counsel. (Doc. 41.) 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 reasonable method of securing and compensating counsel, the Court will seek volunteer counsel only in the most serious and exceptional cases. In determining whether…