(PC) Johnson v. Dovey et al
Filing
159
ORDER DENYING 142 , 157 Motions to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 3/14/2012. (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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GARRISON S. JOHNSON,
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1:08-cv-00640-LJO-DLB (PC)
Plaintiff,
ORDER DENYING MOTIONS FOR
APPOINTMENT OF COUNSEL
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v.
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JOHN DOVEY, et al,
( # 142, 157)
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Defendants.
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________________________________/
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On October 12, 2011 and January 27, 2012, plaintiff filed a motion seeking the
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appointment of counsel. Plaintiff does not have a constitutional right to appointed counsel in this
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action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an
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attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States
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District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain
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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to
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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. 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. Based on a review of the record in this case, the court does not find
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that plaintiff cannot adequately articulate his claims. Id.
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For the foregoing reasons, plaintiff’s motions for the appointment of counsel are
HEREBY DENIED, without prejudice.
IT IS SO ORDERED.
Dated:
77e0d6
March 14, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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