Patel

(PC) Guillen v. Patel

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20221:21-cv-01505California488 words

Opinion

trial_court Opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 MIGUEL GUILLEN, 1:21-01505-GSA-PC

12 Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

13 vs.

14 PATEL, et al., (ECF No. 10.) 15 Defendants.

16 17 On December 9, 2022, Plaintiff filed a motion seeking the appointment of counsel. 18 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 19 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent 20 Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the 21 Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain 22 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to 23 section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. In…

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