Zarate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARIO BATTON, Case No. 1:21-cv-00571-BAK(GSA) (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S

FOURTH REQUEST FOR

v. APPOINTMENT OF COUNSEL

A. ZARATE, et al., (ECF No. 24) Defendants.

16 Plaintiff has filed a fourth request for appointment of counsel, which is substantively the same as his prior requests. (ECF No. 24.) Plaintiff argues again that he has a Test of Adult Basic Education reading score of 2.1, in addition to mental and physical disabilities. In support of the motion, Plaintiff submits mental health care records. 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…