Walter Reid v. Barry Green

Opinion

7 UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA

10 WALTER REID, Case No. 1:22-cv-00549-KES-EPG (PC)

11 Plaintiff, ORDER DENYING PLAINTIFF’S RENEWED MOTION FOR APPOINTMENT 12 v. OF COUNSEL

13 BARRY GREEN, 14 Defendant. (ECF No. 92) 15 Plaintiff Walter R. Reid is a state prisoner proceeding pro se in this civil rights action 16 filed pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s Eighth Amendment claim 17 against Defendant Green for deliberate indifference to his serious medical needs. (ECF No. 24). 18 Plaintiff filed a third motion for the appointment of counsel, generally arguing that he 19 needs counsel to litigate the complexities of a jury trial and that he was previously being 20 assisted by someone in prison but that person is unavailable now. (ECF No. 92). 21 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 22 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 23 24 952 (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 25 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of 26 Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the Court may 27 request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 28 1525. 1 The Court will not order appointment of counsel. The Court has reviewed the record in 2 || this case, and the Court is unable to conclude that Plaintiff is likely to succeed on the merits of 3 || his claims. Moreover, it appears that Plaintiff can adequately articulate his claims pro se, as 4 |! demonstrated by his recent ability to survive summary judgment and litigate his interests at the 5 pretrial conference. (ECF Nos. 66, 94). 6 Accordingly, IT IS ORDERED that Plaintiffs third motion to appoint counsel is denied 7 without prejudice. (ECF No. 92). 8 9 SO ORDERED. "|| pated: _Mareh 5, 2026 [Je heey — 1] UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28