Meadows v. Reeves, et al.

Filing 22

ORDER DENYING 20 Motion to Appoint Counsel as MOOT signed by Magistrate Judge Sandra M. Snyder on 7/10/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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6 MICHANN MEADOWS,
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1:11-cv-00257-SMS (PC)

Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AS MOOT

8 vs.
9 DR. REEVES, et al.,

(Doc. 20)
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Defendants.

11 ________________________________/
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On June 11, 2012, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff

13 does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113
14 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff
15 pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern
16 District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain
17 exceptional circumstances the Court may request the voluntary assistance of counsel pursuant to
18 section 1915(e)(1). Rand, 113 F.3d at 1525.
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Counsel for Plaintiff has already been appointed in the present case for the limited

20 purpose of drafting and filing an amended complaint. (Doc. 19.) The only action pending in this
21 case is the filing of an amended complaint on Plaintiff’s behalf such that her motion for
22 appointment of counsel at this time is moot.1
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the appointment of

24 counsel, filed on June 11, 2012 (Doc. 20), is DENIED as moot.
25 IT IS SO ORDERED.
26 Dated:

July 10, 2012

/s/ Sandra M. Snyder

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Subsequent to the filing of an amended complaint, counsel may remain on the case if she and her office
desire to do so.

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1 b742a4

UNITED STATES MAGISTRATE JUDGE

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