Meadows v. Reeves, et al.
Filing
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ORDER DENYING Plaintiff's 68 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 1/27/2015. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHANN MEADOWS,
Plaintiff,
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v.
DR. REEVES, et al
Case No. 1:11-cv-00257-JLT (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT
OF COUNSEL
(Doc. 68)
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.) Subsequent to counsel's
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limited appointment being completed, Plaintiff has variously requested appointment of counsel,
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which she repeated on January 20, 2014. (Doc. 68.)
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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 (1989). Nothing in this order is intended to limit Plaintiff from attempting to secure
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legal representation via her own efforts. She is in fact encouraged to do so.
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For the foregoing reasons, Plaintiff’s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
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IT IS SO ORDERED.
Dated:
January 27, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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