Avila

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LARRY BRIAN PORTEOUS, ) Case No.: 1:21-cv-00529-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION v. ) FOR APPOINTMENT OF COUNSEL,

WITHOUT PREJUDICE

R. AVILA, et al., ) ) (ECF No. 25) Defendants. ) ) )

Plaintiff Larry Brian Porteous is proceeding pro se 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 9, 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 counsel pursuant to…