STEVENSON v. KELLUMS, 1:10-cv-01401-AWI-DLB (PC). (2012)
Court: District Court, E.D. California
Number: infdco20120328a48
Visitors: 3
Filed: Mar. 27, 2012
Latest Update: Mar. 27, 2012
Summary: ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #24) DENNIS L. BECK, Magistrate Judge. On February 3, 2012, plaintiff filed a motion seeking the appointment of counsel pursuant to 28 U.S.C. 1915(e)(1). 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 f
Summary: ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #24) DENNIS L. BECK, Magistrate Judge. On February 3, 2012, plaintiff filed a motion seeking the appointment of counsel pursuant to 28 U.S.C. 1915(e)(1). 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 fo..
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ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #24)
DENNIS L. BECK, Magistrate Judge.
On February 3, 2012, plaintiff filed a motion seeking the appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1). 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 28 U.S.C. § 1915(e)(1). Rand, 113 F.3d at 1525.
Plaintiff is not proceeding in forma pauperis in this action. The filing fee was paid in full when this action was brought before the Court. Thus, § 1915(e)(1) is inapplicable. Accordingly, it is HEREBY ORDERED that Plaintiff's motion for appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1) is denied.
IT IS SO ORDERED.
Source: Leagle
