(PC)Whatley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 REGINALD WAYNE WHATLEY, Case No. 1:22-cv-00270-CDB (PC) Plaintiff, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. THERESA CISNEROS, et al., (Doc. 14) Defendants. 16 Plaintiff Reginald Wayne Whatley is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. On May 24, 2023, Plaintiff filed a motion for the appointment of counsel. (Doc. 14.) As grounds, Plaintiff states he has a poor education and a 4.0 TABE score; he is unable to investigate his claims; he cannot get copies and evidence he will need for trial. (Id.) Plaintiff does not have a constitutional right to appointed counsel in this action. Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). The district courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional…