Santoro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANTHONY J. SMITH, ) Case No. 1:21-cv-01329-JLT-SAB (PC) ) Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION FOR v. ) APPOINTMENT OF COUNSEL, WITHOUT

PREJUDICE AND SUA SPONTE GRANTING

K. SANTORO, et al., ) EXTENSION OF TIME TO FILE OBJECTIONS ) Defendants. ) (ECF No. 22) ) ) ) 17 Plaintiff Anthony J. Smith 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 14, 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…