Zarate
(PC) Batton v. Zarate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARIO BATTON, Case No. 1:21-cv-00571-JLT (PC)
Plaintiff, ORDER DENYING PLAINTIFF’S THIRD
REQUEST FOR APPOINTMENT OF
v. COUNSEL
A. ZARATE, et al., (Doc. 17) Defendants.
16 Plaintiff has filed a third request for appointment of counsel. (Doc. 17.) Plaintiff argues that he has a Test of Adult Basic Education (‘TABE’) reading score of 2.1, in addition to mental and physical disabilities. In support of the motion, Plaintiff submits mental health care records. As previously discussed, 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,…