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Stevie Stevenson v. B. Kellums

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 27, 2012

STEVIE STEVENSON,
PLAINTIFF,
v.
B. KELLUMS, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL ( DOCUMENT # 24)

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.

20120327

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