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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHANN MEADOWS, 12 13 14 15 16 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 17 in this civil rights action pursuant to 42 U.S.C. ' 1983. Counsel was previously located by the 18 Court and agreed to appointment in this case for the limited purpose of drafting and filing an 19 amended complaint; extensions of time were requested and granted. (Docs. 19, 23, 26.) The 20 Second Amended Complaint was filed on October 1, 2012. (Doc. 28.) After counsel’s limited 21 appointment being completed, Plaintiff has requested appointment of counsel, which she repeated 22 on July 2, 2014. (Doc. 55.) 23 As has been previously stated, the Court may request the voluntary assistance of counsel 24 pursuant to section 1915(e)(1), Rand v Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and did so 25 when counsel was previously appointed in this case. However, as is reflected in the appointment 26 order, counsel only agreed to be appointed for the limited purpose of drafting and filing an 27 amended complaint and specifically requested that appointment be terminated upon that filing. 28 Subsequent requests (by the Court and apparently by Plaintiff) of this limited purpose counsel to 1 1 continue and/or be reappointed to represent Plaintiff have been declined. Other counsel have 2 been contacted to represent Plaintiff and have similarly declined. Unfortunately, the Court has 3 exhausted its limited resources attempting to locate counsel willing to voluntarily represent 4 Plaintiff. 5 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand, 113 6 F.3d at 1525, and the Court cannot require an attorney to represent Plaintiff pursuant to 28 U.S.C. 7 § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 8 296, 298, 109 S.Ct. 1814, 1816 (1989). Nothing in this order is intended to limit Plaintiff from 9 attempting to secure legal representation via her own efforts. She is in fact encouraged to do so. 10 11 For the foregoing reasons, Plaintiff’s motions for the appointment of counsel, filed July 2, 2014 (Doc. 55), is HEREBY DENIED, without prejudice. 12 IT IS SO ORDERED. 13 14 Dated: July 9, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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