Todd v. CA Dept. of Corrections & Rehabilitation, et al.

Filing 95

ORDER Denying Plaintiff's 92 Motion for Counsel signed by Magistrate Judge Stanley A. Boone on 08/08/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE No. 1:08-cv-01504-SAB (PC)
MICHAEL ANDRE TODD,
Plaintiff

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v.

ORDER DENYING PLAINTIFF’S
MOTION FOR COUNSEL
(ECF No. 92)

ANTHONY L. HEDGPETH, et al.,
Defendants.
Plaintiff Michael Andre Todd (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action was filed
on October 6, 2008. (ECF No. 1.) On August 1, 2013, Plaintiff filed a motion for the appointment
of counsel. (ECF No. 92.)
Plaintiff does not have a constitutional right to the appointment of counsel in this action.
Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353
(9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C.
§ 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;
Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the
Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate
his claims pro se in light of the complexity of the legal issues involved. Palmer at 970 (citation
and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is dispositive and
they must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation marks omitted);
Wilborn, 789 F.2d at 1331.
In the present case, the Court does not find the required exceptional circumstances exist at

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this time. Even if it is assumed that Plaintiff is not well versed in the law and that he has made

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serious allegations which, if proved, would entitle him to relief, his case is not exceptional. The

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Court is faced with similar cases almost daily. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s August 1, 2013 motion for the appointment of
counsel is DENIED.

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IT IS SO ORDERED.

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Dated:

August 8, 2013

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UNITED STATES MAGISTRATE JUDGE

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