(PC)Moya
(PC)Moya v. Chism
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
RENE ANTHONY MOYA, ) Case No. 1:21-cv-01624-JLT-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION FOR v. ) APPOINTMENT OF COUNSEL, WITHOUT
PREJUDICE
B. CHISM, et al., ) ) (ECF No. 15) Defendants. ) ) )
Plaintiff Rene Anthony Moya is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for appointment of counsel, filed June 6, 2022. 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 any attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of…