Rivas

(PC) Porter v. Rivas

Good Law
United States District Court, Eastern District of CaliforniaJuly 26, 20231:22-cv-00105California1,519 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY JAMES PORTER, Case No. 1:22-cv-00105-ADA-CDB (PC) Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION

v. FOR THE APPOINTMENT OF COUNSEL

O. RIVAS, et al., (Doc. 26)

Defendants. 16 Plaintiff Larry James Porter is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff now moves for the appointment of counsel, stating he “cannot afford to hire a lawyer” and that he “has been Granted Leave to proceed In Forma Pauperis in this case.” (Doc. 26.) Plaintiff’s motion will be denied for the reasons set forth below. I. DISCUSSION Plaintiffs do not have a constitutional right to appointed counsel in § 1983 actions. Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), rev’d in part on other grounds, 154 F.3d 952, 954 n.1 (9th Cir. 1998). Nor can the Court require an attorney to represent a party under 28 U.S.C. § 1915(e)(1). See Mallard v. U.S. Dist. Court, 490 U.S. 296,…

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