Exmundo v. Scribner et al
Filing
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ORDER Denying Motion For Appointment Of Counsel (Document 115 ), signed by Magistrate Judge Dennis L. Beck on 1/29/2014. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:06-cv-00205-AWI-DLB (PC)
EMELITO EXMUNDO,
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
(Document 115)
A.K. SCRIBNER, et al,
Defendant.
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On January 27, 2014, Plaintiff filed a motion seeking the appointment of counsel.
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, 109 S.Ct. 1814, 1816 (1989). However, in certain
exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to
section 1915(e)(1). Rand, 113 F.3d at 1525.
Without a reasonable method of securing and compensating counsel, the court will seek
volunteer counsel only in the most serious and exceptional cases. In determining whether
Aexceptional circumstances exist, the district court must evaluate both the likelihood of success
of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the
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complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).
In the present case, the court does not find the required exceptional circumstances. Even
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if it is assumed that Plaintiff is not well versed in the law and that he has made serious allegations
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which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with
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similar cases almost daily. Further, based on a review of the record in this case, the court does
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not find that Plaintiff cannot adequately articulate his claims. Id.
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Insofar as Plaintiff requests counsel because Defendants’ actions have delayed trial in this
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matter, his argument is without merit. While Plaintiff is correct that trial has been delayed, a
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mere delay does not alter the nature of the issues involved in this action.
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For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
January 29, 2014
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
9b0hied
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L. Beck
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