(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 SECOND

MOTION FOR APPOINTMENT OF

v. COUNSEL

CLARK, et al., (ECF No. 23) 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 second motion seeking the appointment of counsel, in response to the Court’s Order of Clarification. (ECF No. 23.) 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, without a reasonable method of…