(PS) Auten v. County of Calaveras
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DONALD AUTEN, Case No. 1:20-cv-00329-JLT-EPG Plaintiff, v. ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
COUNTY OF CALAVERAS, (ECF No. 57) Defendant.
16 Plaintiff Donald Auten, proceeds pro se and in forma pauperis in this action filed under the Americans with Disabilities Act (ADA). On October 20, 2022, Plaintiff filed a motion requesting the appointment of counsel, stating that he has “made a diligent effort to obtain the assistance of counsel and employ counsel” and has “attended Pro Se Help Programs” and has 20 worked diligently in litigating this case. (ECF No. 57, p. 1). 21 Pursuant to 28 U.S.C. § 1915(e)(1), the Court may request that an attorney represent an 22 indigent party in a civil case. However, the appointment of counsel is not a constitutional right, 23 and the Court cannot require an attorney to represent a party. See Rand v. Rowland, 113 F.3d 24 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952…