Hasan v. Johnson
Filing
42
ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 2/9/2012. (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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JAWWAAD HASAN,
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1:08-cv-00381-GSA-(PC)
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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vs.
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C/O JOHNSON,
(DOCUMENT #32)
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Defendant.
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________________________________/
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On October 21, 2011, 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, 109 S.Ct. 1814, 1816 (1989). However,
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in certain exceptional circumstances the court may request the voluntary assistance of counsel
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pursuant to section 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, the court does not find the required exceptional circumstances.
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Even if it is assumed that plaintiff is not well versed in the law and that he has made serious
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allegations which, if proved, would entitle him to relief, his case is not exceptional. This court
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is faced with similar cases almost daily. Further, at this early stage in the proceedings, the court
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cannot make a determination that plaintiff is likely to succeed on the merits, and based on a
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review of the record in this case, the court does not find that plaintiff cannot adequately
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articulate his claims. Id.
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For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
IT IS SO ORDERED.
Dated:
220hhe
February 9, 2012
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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