Kernan

(PC) Meyers v. Kernan

Good Law
United States District Court, Eastern District of CaliforniaNovember 7, 20231:22-cv-00539California638 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 LEON LEE MEYERS, No. 1:22-cv-00539-ADA-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL,

v. WITHOUT PREJUDICE SCOTT KERNAN, et al.,, (ECF No. 45) Defendants. 14 Plaintiff is proceeding pro se 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 November 3, 2023. Plaintiff seeks counsel because he is unable he is without funds, incarcerated, the issues are complex, and he will need to conduct discovery and interview witnesses. 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…

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