Oliverez v. Aibitre et al

Filing 57

ORDER Denying Motion For Appointment Of Counsel (Doc. 56 ), signed by Magistrate Judge Sheila K. Oberto on 11/13/2012. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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11 LOUIS OLIVEREZ, Jr.,

1:09-cv-00352-LJO-SKO PC

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

Plaintiff,

13 vs.
(Doc. 56)
14 BEN AIBITRE,
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Defendant.

16 ________________________________/
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On November 8, 2012, Plaintiff filed a motion seeking the appointment of counsel.

18 Plaintiff does not have a constitutional right to the appointment of counsel in this action. Palmer
19 v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th
20 Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §
21 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;
22 Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the
23 Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to
24 articulate his claims pro se in light of the complexity of the legal issues involved. Palmer, 560
25 F.3d at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither
26 consideration is dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation
27 and quotation marks omitted); Wilborn 789 F.2d at 1331.
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In the present case, the Court does not find the required exceptional circumstances. Even

2 if it is assumed that Plaintiff is not well versed in the law and that he has made serious
3 allegations which, if proved, would entitle him to relief, his case is not exceptional. The Court is
4 faced with similar cases almost daily. Further, the Court cannot make a determination that
5 Plaintiff is likely to succeed on the merits, and based on a review of the record in this case, the
6 Court does not find that Plaintiff cannot adequately articulate his claims. Id.
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For the foregoing reasons, Plaintiff’s motion for the appointment of counsel is HEREBY

8 DENIED, without prejudice.
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10 IT IS SO ORDERED.
11 Dated:
i0d3h8
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November 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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