Gil v. Yates et al
Filing
76
ORDER DENYING 74 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 1/18/13. (Marrujo, C)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO GIL,
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1:09-cv-0552-AWI-DLB (PC)
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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v.
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JAMES A. YATES, et al,
( #74)
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Defendants.
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________________________________/
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On January 14, 2013, 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, in
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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. 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. Further, based on a review of the record in this case, the court does
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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
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DENIED, without prejudice.
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IT IS SO ORDERED.
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Dated:
77e0d6
January 18, 2013
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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