(PC) Holguin v. Madera County Jail Captain 2015
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FELIPE ROMAN HOLGUIN, 1:21-cv-01586-GSA-PC
Plaintiff, ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v. (ECF No. 17.) MADERA COUNTY JAIL CAPTAIN 2015, et al., 15 Defendants. 16 17 18 Felipe Roman Holguin (“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 October 28, 2021, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On July 18, 2022, Plaintiff filed a motion 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 assistance of…