Cox

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TIMOTHY BAILEY, Case No. 1:22-cv-00757-JLT-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE

T. COX, et al., (ECF No. 27) Defendants.

15 Plaintiff Timothy Bailey is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Currently before the Court is Plaintiff’s motion for appointment of counsel, filed April 18, 2023. Plaintiff seeks appointment of counsel because he is unable to afford counsel, his imprisonment will limit his ability to litigate, and a trial will likely involve conflicting testimony and counsel would be better able to cross examine witnesses. Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any attorney to represent…