Downs v. California Board of Prison Terms et al

Filing 11

ORDER Denying 9 Motion to Appoint Counsel signed by Magistrate Judge Sandra M. Snyder on 09/10/2009. (Flores, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendants. 14 15 Plaintiff Gregory Downs is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. § 1983. On August 31, 2009, Plaintiff filed a motion 17 seeking the appointment of counsel. 18 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 19 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent 20 plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern 21 District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional 22 circumstances the Court may request the voluntary assistance of counsel pursuant to section 23 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the Court will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether 26 "exceptional circumstances exist, the district court must evaluate both the likelihood of success of 27 /// 28 1 / v. (Doc. 9) CALIFORNIA BOARD OF PRISON TERMS, et al., GREGORY DOWNS, Plaintiff, CASE NO. 1:09-cv-00714-SMS PC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL

UNITED STATES DISTRICT COURT

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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. The Court is faced with similar cases almost daily. Further, at this early stage in the proceedings, 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. Plaintiff 's motion for the appointment of counsel is HEREBY DENIED.

IT IS SO ORDERED. Dated: icido3 September 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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