(PC) Ellis v. Kern County Sheriff Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHARLES ELLIS, SR., No. 1:22cv-01209-JLT-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S THIRD
MOTION FOR APPOINTMENT OF
v. COUNSEL, WITHOUT PREJUDICE KERN COUNTY SHERIFF (ECF No. 44) 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 third motion for appointment of counsel, filed February 5, 2024. Plaintiff seeks appointment of counsel because he is incarcerated in a county jail and has limited legal knowledge and research capability. 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). …