Feleppa
(PC) Arista v. Feleppa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ALFRED ARISTA, 1:22-cv-00240-GSA-PC
Plaintiff, ORDER DENYING MOTIONS FOR
APPOINTMENT OF COUNSEL
v. (ECF Nos. 11, 12.) FELEPPA,
Defendant. 16 17 18 Alfred Arista (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 25, 2022, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On August 15, 2022 and September 1, 2022, Plaintiff filed motions seeking the appointment of counsel. 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…