Meador v. Aye et al

Filing 45

ORDER DENYING 44 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 2/24/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GORDON DALE MEADOR,

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Plaintiff,

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v.

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K. AYE, et al. ,

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1:14-cv-0006 DLB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 44)

Defendant.

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On February 16, 2016, plaintiff filed a motion seeking the appointment of counsel.

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland,

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113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent

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plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the

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Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (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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section 1915(e)(1). Rand, 113 F.3d at 1525.

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Without a reasonable method of securing and compensating counsel, the court will seek

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volunteer counsel only in the most serious and exceptional cases. In this case, the Court

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appointed counsel for the limited purpose of drafting an amended complaint. Counsel was

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discharged after the amended complaint was filed at Counsel’s request. The Court will seek

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volunteer counsel in the future should the need arise, but at this time the Court does not find the
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required exceptional circumstances for appointment of counsel.
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:

/s/ Dennis

February 24, 2016

UNITED STATES MAGISTRATE JUDGE

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L. Beck

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