Loterzstain
(PC) Newsome v. Loterzstain
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHELDON RAY NEWSOME, Case No. 2:19-cv-00307-DAD-JDP (PC) 12 Plaintiff, ORDER 13 v. DENYING PLAINTIFF’S MOTION TO
APPOINT COUNSEL
14 M. LOTERZSTAIN, et al., ECF No. 158 15 Defendants.
16 17 18 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought 19 under 42 U.S.C. § 1983. Pending is plaintiff’s motion to appoint counsel. ECF No. 158. 20 Plaintiff does not have a constitutional right to appointed counsel, see Rand v. Rowland, 21 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks authority to require an attorney to 22 represent plaintiff. See Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 23 (1989). The court can request the voluntary assistance of counsel. See 28 U.S.C. § 1915(e)(1) 24 (“The court may request an attorney to represent any person unable to afford counsel”); Rand, 25 113 F.3d at 1525. But without a means to compensate counsel, the court will seek volunteer 26 counsel…