Gordon

(PC) Nieto v. Gordon

Good Law
United States District Court, Eastern District of CaliforniaFebruary 7, 20221:20-cv-00291California573 words

Opinion

Trial Court Opinion

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

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

v. YORK, (ECF No. 47) Defendant.

16 On January 28, 2022, Plaintiff filed a motion seeking the appointment of counsel. (ECF No. 47.) Plaintiff argues that he needs counsel “for civil argument etc.,” and requests instructions on “how to file final cop[ies] and or powerful words” against the previously assigned magistrate judge. 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…

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