Brewer

(PC) Felder v. Brewer

Good Law
United States District Court, Eastern District of CaliforniaJuly 14, 20232:22-cv-01702California523 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOBBY DEWAYNE FELDER, Case No. 2:22-cv-01702-JDP (PC) Plaintiff, v. ORDER M. BREWER, 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. Plaintiff filed a request for assistance in litigating this case, which the court construes as a request for appointment of counsel. ECF No. 26. 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 27 …

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