Meadows v. Reeves, et al.

Filing 56

ORDER Denying Plaintiff's Motion For Appointment Of Counsel (Doc. 55 ), signed by Magistrate Judge Jennifer L. Thurston on 7/9/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHANN MEADOWS,

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Plaintiff,
v.
DR. REEVES, et al

Case No. 1:11-cv-00257-JLT (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT
OF COUNSEL
(Doc. 55)

Defendants.
Plaintiff, Michann Meadows, is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. ' 1983. Counsel was previously located by the

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Court and agreed to appointment in this case for the limited purpose of drafting and filing an

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amended complaint; extensions of time were requested and granted. (Docs. 19, 23, 26.) The

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Second Amended Complaint was filed on October 1, 2012. (Doc. 28.) After counsel’s limited

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appointment being completed, Plaintiff has requested appointment of counsel, which she repeated

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on July 2, 2014. (Doc. 55.)

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As has been previously stated, the Court may request the voluntary assistance of counsel

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pursuant to section 1915(e)(1), Rand v Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and did so

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when counsel was previously appointed in this case. However, as is reflected in the appointment

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order, counsel only agreed to be appointed for the limited purpose of drafting and filing an

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amended complaint and specifically requested that appointment be terminated upon that filing.

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Subsequent requests (by the Court and apparently by Plaintiff) of this limited purpose counsel to

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continue and/or be reappointed to represent Plaintiff have been declined. Other counsel have

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been contacted to represent Plaintiff and have similarly declined. Unfortunately, the Court has

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exhausted its limited resources attempting to locate counsel willing to voluntarily represent

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Plaintiff.

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand, 113

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F.3d at 1525, and the Court cannot require an attorney to represent Plaintiff pursuant to 28 U.S.C.

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§ 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S.

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296, 298, 109 S.Ct. 1814, 1816 (1989). Nothing in this order is intended to limit Plaintiff from

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attempting to secure legal representation via her own efforts. She is in fact encouraged to do so.

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For the foregoing reasons, Plaintiff’s motions for the appointment of counsel, filed July 2,
2014 (Doc. 55), is HEREBY DENIED, without prejudice.

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IT IS SO ORDERED.
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Dated:

July 9, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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