(PC) Smith v. Gonzales
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LARRY SMITH, 1:17-cv-00436-ADA-GSA-PC
Plaintiff, ORDER DENYING MOTION FOR v. APPOINTMENT OF COUNSEL
SERGEANT J. GONZALES, et al., (ECF No. 123.)
Defendants.
16 On July 28, 2022, Plaintiff filed a motion seeking the appointment of counsel. (ECF No. 119.) 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. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and compensating counsel, the court will seek volunteer counsel only in the most serious and…