Hawthorne v. Mendoza-Power et al

Filing 130

ORDER DENYING 121 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 12/12/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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RALPH KELLY HAWTHORNE, JR.,

1:07-cv-01101-LJO-DLB (PC)

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Plaintiff,
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
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KATHY MENDOZA-POWER, et al,

( #121)

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Defendants.
________________________________/
On September 21, 2012, plaintiff filed a motion seeking the appointment of counsel.

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.

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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to

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represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court

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for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional

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circumstances the court may request the voluntary assistance of counsel pursuant to section

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1915(e)(1). Rand, 113 F.3d at 1525.

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Without a reasonable method of securing and compensating counsel, the court will seek

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volunteer counsel only in the most serious and exceptional cases. In determining whether

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“exceptional circumstances exist, the district court must evaluate both the likelihood of success

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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).
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In the present case, Plaintiff is not proceeding in forma pauperis. Even if Plaintiff were,
the Court cannot make a determination of the likelihood of success on the merits.
For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY

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DENIED, without prejudice.

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IT IS SO ORDERED.

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Dated:
77e0d6

December 12, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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