1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PETER N. DIOR, No. 1:21-cv-01282-KES-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S SECOND MOTION FOR APPOINTMENT OF 13 v. COUNSEL, WITHOUT PREJUDICE 14 ALLISON, et al., (ECF No. 32) 15 Defendants. 16 17 Plaintiff is proceeding pro se in this civil rights action filed pursuant to

. 18 Currently before Plaintiff’s motion for appointment of counsel, filed October 15, 2025. 19 (ECF No. 32.) 20 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 21 Rowland,

(9th Cir. 1997), and the court cannot require any attorney to 22 represent plaintiff pursuant to

(e)(1). Mallard v. United States District Court for 23 the Southern District of Iowa,

(1989). However, in certain exceptional 24 circumstances the court may request the voluntary assistance of counsel pursuant to section 25 1915(e)(1). Rand,

. 26 Without a reasonable method of securing and compensating counsel, the Court will seek 27 volunteer counsel only in the most serious and exceptional cases. In determining whether 28 1 | “exceptional circumstances exist, the district court must evaluate both the likelihood of success 2 | onthe merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 3 | complexity of the legal issues involved.”

(internal quotation marks and citations omitted). 4 Plaintiff submits that all counsel must be appointed under Local Rule 182, and he has 5 | been received as indigent by this Court. (ECF No. 32.) As stated above, a prisoner is not entitled 6 | to the appointment of counsel simply because he is indigent. Consequently, neither Plaintiff’ □ 7 | inability to afford to pay for an attorney, nor a lack of income constitute exceptional 8 | circumstances that warrant the appointment of counsel. In addition, Local Rule 182 does not 9 | authorize appointment of counsel. Rather, Local Rule 182, address appearances and withdrawals 10 | of counsel, not appointment of counsel. Further, because Plaintiffs amended complaint has not 11 || yet been screened, it is unclear what the likelihood of success it will have on its merits. Moreover, 12 | acursory review of Plaintiffs original and amended complaints reveals that Plaintiff can 13 | articulate the claims at issue. Accordingly, Plaintiff's motion for appointment of counsel is 14 | DENIED, without prejudice. 15 16 IT IS SO ORDERED. DAA Le 17 | Dated: _October 16, 2025 _ eS STANLEY A. BOONE 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28