Unknown

(PC) Gomez v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaDecember 13, 20222:20-cv-02259California579 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NEXIS RENE GOMEZ, Case No. 2:20-cv-02259-KJM-JDP (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

13 v. ECF No. 18 14 UNKNOWN, 15 Defendant. 16 17 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought 18 under 42 U.S.C. § 1983. He has filed a motion that request that he be appointed counsel. ECF 19 No. 18. 20 Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand 21 v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an 22 attorney to represent plaintiff. See Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 23 298 (1989). The court may request the voluntary assistance of counsel. See 28 U.S.C. 24 § 1915(e)(1) (“The court may request an attorney to represent any person unable to afford 25 counsel”); Rand, 113 F.3d at 1525. However, without a means to compensate counsel, the court 26 will seek volunteer…

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