Alvarez v. Hashemi

Filing 30

ORDER GRANTING 29 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 8/18/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:16-cv-00203-AWI-SKO (PC)

RAUL ALVAREZ,

ORDER GRANTING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Doc. 29)

NASTRAN HASHEMI,

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Defendant.

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On August 16, 2017, Plaintiff filed a motion seeking the appointment of counsel. (Doc.

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

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

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

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the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional

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circumstances the Court may request the voluntary assistance of counsel pursuant to section

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1915(e)(1). Rand, 113 F.3d at 1525.

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The Court does not have a reasonable method of securing and compensating counsel, but

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will seek volunteer counsel to assist Plaintiff in this action. However, there are a number of pro

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se inmates ahead of him on the Court’s list for appointing counsel and it is unknown how long it

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may take to locate an attorney willing to represent Plaintiff.
For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY

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GRANTED.
IT IS SO ORDERED.

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Dated:

August 18, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
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