Alvarez v. Hashemi
ORDER GRANTING 29 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 8/18/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER GRANTING MOTION FOR
APPOINTMENT OF COUNSEL
On August 16, 2017, Plaintiff filed a motion seeking the appointment of counsel. (Doc.
29.) Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to
represent Plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for
the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional
circumstances the Court may request the voluntary assistance of counsel pursuant to section
1915(e)(1). Rand, 113 F.3d at 1525.
The Court does not have a reasonable method of securing and compensating counsel, but
will seek volunteer counsel to assist Plaintiff in this action. However, there are a number of pro
se inmates ahead of him on the Court’s list for appointing counsel and it is unknown how long it
may take to locate an attorney willing to represent Plaintiff.
For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY
IT IS SO ORDERED.
August 18, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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