Gomez
(PC) Hawkins v. Gomez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY HAWKINS, Case No. 2:21-cv-02302-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S
MOTIONS TO APPOINT COUNSEL
v. ECF Nos. 36 & 37 O. GOMEZ, et al.,
Defendants. 16 17 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He has filed two motions asking that he be appointed counsel. ECF Nos. 36 & 37. Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an attorney to represent plaintiff. See Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). The court can request the voluntary assistance of counsel. See 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person unable to afford counsel”); Rand, 113 F.3d at 1525. But without a means to compensate counsel, the court will seek volunteer…