(PC) Foster v. Clark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 MICHAEL FOSTER, No. 1:22-cv-00976-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S FIFTH
MOTION FOR APPOINTMENT OF
v. COUNSEL, WITHOUT PREJUDICE KEN CLARK, et al.,, (ECF No. 55) Defendants. 14 Plaintiff 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 September 11, 2023. Plaintiff asks for appointment of counsel because he is unable to afford counsel; the issues are complex, his imprisonment limits his ability to litigate the action; he has limited access to the library; a trial is likely to involve conflicting testimony; and he has been unable to procure counsel on his own. (ECF No. 45.) There is no 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…