Carter v. Fernandez et al
ORDER DENYING 90 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 8/26/2011. (Sant Agata, S)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
IVAN RAY CARTER, Jr.,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
A. FERNANDEZ, et al.,
On June 17, 2011, 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 (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
“exceptional 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
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
if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations
which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with
similar cases almost daily. Further, the court cannot make a determination that plaintiff is likely
to succeed on the merits, and based on a review of the record in this case, the court does not find
that plaintiff cannot adequately articulate his claims. Id.
For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
IT IS SO ORDERED.
August 26, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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