Gomez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARK SHANE THOMPSON, Case No. 1:18-cv-00125-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S FIFTH

MOTION FOR APPOINTMENT OF

v. COUNSEL, WITHOUT PREJUDICE

A. GOMEZ, et al., (ECF No. 122) Defendants.

15 Plaintiff Mark Shane Thompson is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s fifth motion for appointment of counsel, filed September 1, 2022. As Plaintiff is well aware, he 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 section 1915(e)(1). Rand,…