Stevenson v. Kellums et al

Filing 33

ORDER Denying Motion For Appointment Of Counsel (Document # 24 ), signed by Magistrate Judge Dennis L. Beck on 3/27/2012. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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STEVIE STEVENSON,

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1:10-cv-01401-AWI-DLB (PC)

Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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v.

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B. KELLUMS, et al.,
( DOCUMENT # 24)

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Defendants.

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________________________________/

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On February 3, 2012, plaintiff filed a motion seeking the appointment of counsel pursuant

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to 28 U.S.C. § 1915(e)(1). Plaintiff does not have a constitutional right to appointed counsel in

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this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require

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an attorney to represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States

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District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain

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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to

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28 U.S.C. § 1915(e)(1). Rand, 113 F.3d at 1525.

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Plaintiff is not proceeding in forma pauperis in this action. The filing fee was paid in full

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when this action was brought before the Court. Thus, § 1915(e)(1) is inapplicable. Accordingly,

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it is HEREBY ORDERED that Plaintiff’s motion for appointment of counsel pursuant to 28

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U.S.C. § 1915(e)(1) is denied.

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IT IS SO ORDERED.
Dated:
77e0d6

March 27, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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