Kirchen-Rolph

I. INTRODUCTION

20 Plaintiff filed a motion for the appointment of counsel on September 20, 2023. (Doc. 23.) 21 He asserts the following as the bases for his request: (1) his inability to afford counsel; (2) his 22 imprisonment greatly impacts his ability to litigate, he has limited knowledge of the law, and the 23 issues are complex and will require significant research and investigation; (3) a trial would 24 involve conflicting testimony and counsel would be better able to present evidence and call and 25 cross-examine witnesses; (4) his repeated and unsuccessful efforts to obtain legal assistance; (5) 26 his limited access to the law library. Id. 27 II. DISCUSSION Plaintiffs do not have a constitutional right to appointed counsel in section 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, 304-05 (1989). However, in “exceptional circumstances,” the Court may request the voluntary assistance of counsel pursuant to section…