(PC) Ellis v. Kern County Sheriff Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHARLES ELLIS, SR., No. 1:22cv-01209-JLT-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE KERN COUNTY SHERIFF (ECF No. 31) DEPARTMENT, et al., 15 Defendants. 16 17 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 motion for appointment of counsel, filed September 25, 2023. Plaintiff seeks appointment of counsel because he is incarcerated in a county jail and is unable to do research. Plaintiff 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 27 …