Gordon

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

Plaintiff, ORDER DENYING WITHOUT

PREJUDICE PLAINTIFF’S FOURTH

v. MOTION FOR APPOINTMENT OF

COUNSEL

YORK, et al., Defendants. (ECF No. 57)

16 On July 25, 2022, Plaintiff filed a fourth request for the appointment of counsel. (ECF No. 57.) As grounds, Plaintiff advises that he was found incompetent in superior court. (Id.) 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 securing and compensating counsel, the Court will seek volunteer…