Franks v. Stanislaus County Sheriff's Department

Filing 35

ORDER DENYING 34 Plaintiff's Second Motion to Appoint Counsel signed by Magistrate Judge Erica P. Grosjean on 3/21/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOM MARK FRANKS,

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Plaintiff,
vs.
SERGEANT KIRK, et al.

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Case No. 1:15-cv-00401-EPG-PC
ORDER DENYING PLAINTIFF’S
SECOND MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 34)

Defendant.

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Plaintiff Tom Mark Franks is proceeding pro se and in forma pauperis in this action

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alleging violations of 42 U.S.C. § 1983. On December 5, 2016, Plaintiff filed a motion for the

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appointment of counsel. (ECF No. 26.) That motion was denied. (ECF No. 27.) Plaintiff has

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now filed a second motion for appointment of counsel. (ECF No. 34.) This motion is identical

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to the first, except that Plaintiff has attached copies of letters that he has sent to several lawyer

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referral services. Plaintiff reports that he has not heard back from any of the services he has

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contacted.

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As explained in the Court’s prior order, Plaintiff does not have a constitutional right to

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appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and

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the Court cannot require an attorney to represent Plaintiff pursuant to 28 U.S.C. ' 1915(e)(1).

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Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298
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(1989). However, in certain exceptional circumstances the Court may request the voluntary

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assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. The Court thus

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construes Plaintiff’s motion as a motion to request the voluntary assistance of counsel.

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The circumstances of the case have not changed substantially since Plaintiff’s first

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motion was denied. Plaintiff=s second motion to request the voluntary assistance of counsel

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(ECF No. 34) is thus DENIED.

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IT IS SO ORDERED.
Dated:

March 21, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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