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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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 Plaintiff, 7 8 1:16-cv-00203-AWI-SKO (PC) RAUL ALVAREZ, ORDER GRANTING MOTION FOR APPOINTMENT OF COUNSEL v. (Doc. 29) NASTRAN HASHEMI, 9 Defendant. 10 On August 16, 2017, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 11 12 29.) Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 13 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to 14 represent Plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for 15 the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional 16 circumstances the Court may request the voluntary assistance of counsel pursuant to section 17 1915(e)(1). Rand, 113 F.3d at 1525. 18 The Court does not have a reasonable method of securing and compensating counsel, but 19 will seek volunteer counsel to assist Plaintiff in this action. However, there are a number of pro 20 se inmates ahead of him on the Court’s list for appointing counsel and it is unknown how long it 21 may take to locate an attorney willing to represent Plaintiff. For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY 22 23 24 GRANTED. IT IS SO ORDERED. 25 26 Dated: August 18, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 27 28 1 .

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