Santoro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SANTOS RODRIGUEZ, Case No. 1:21-cv-01263-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S SECOND

MOTION TO APPOINT COUNSEL

v. (Doc. No. 12) KELLY SANTORO, Warden at North Kern State Prison, 15 Defendant. 16 17 Plaintiff Santos Rodriguez, a former state prisoner, has pending a pro se complaint filed on August 19, 2021. (Doc. No. 1). The undersigned issued Findings and Recommendations that the district court dismiss the complaint for failing to state claim. (See Doc. No. 11). Plaintiff moves a second time for appointment of counsel because his “mind isn’t capable of answering these allegations.” (Doc. No. 12). As noted in the Court’s September 8, 2021 Order, the United States Constitution does not require appointment of counsel in civil cases. See Lewis v. Casey, 518 U.S. 343, 354 (1996) (explaining Bounds v. Smith, 430 U.S. at 817, did not create a right to appointment of counsel in civil cases). This Court has discretionary authority under 28…