Khoo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANA GRAY, No. 1:20-cv-01047-ADA-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S FIFTH

MOTION FOR APPOINTMENT OF

v. COUNSEL A. KHOO, et al., (ECF No. 168) Defendants. 16 Plaintiff Dana Gray is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s fifth motion for appointment of counsel, filed August 28, 2023. As Plaintiff is well aware, she 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 plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to section…