Covello

(PC) Merced v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMarch 31, 20232:21-cv-01405California464 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN AUTILANO MERCED Jr., Case No. 2:21-cv-01405-WBS-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR AN EXTENSION OF TIME AND

v. DENYING HIS MOTION TO APPOINT

COUNSEL

PATRICK COVELLO, et al., ECF No. 37 Defendants.

16 Plaintiff has filed a motion seeking the appointment of counsel and an extension of time to file an opposition to defendant’s motion to dismiss. ECF No. 37. Good cause appearing, plaintiff’s request for an extension of time is granted. His request for the appointment of counsel, however, is denied. 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)…

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