(PC) Curley v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN CURLEY, Case No. 1:20-cv-00453-JLT-BAK-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (ECF No. 19) CLARK, et al.,

Defendants.

16 Plaintiff Kevin Curley is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff has filed a motion seeking the appointment of counsel, apparently in response to the Court’s Order of Clarification.1 (ECF Nos. 17, 19.) 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…