Shepard v. Bass et al

Filing 69

ORDER denying 65 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 6/21/2012. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT SHEPARD, 12 Plaintiff, 13 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL vs. 14 1:10-cv-00754-LJO-BAM-(PC) BASS, et al., (ECF No. 65) 15 Defendants. 16 ________________________________/ 17 On June 18,2012, plaintiff filed a motion 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 20 represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court 21 for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in 22 certain exceptional circumstances the court may request the voluntary assistance of counsel 23 pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court 25 will seek volunteer counsel only in the most serious and exceptional cases. In determining 26 whether “exceptional circumstances exist, the district court must evaluate both the likelihood of 27 success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of 28 the complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted). -1- 1 In the present case, the court does not find the required exceptional circumstances. 2 Even 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. This court is 4 faced with similar cases almost daily. The issues presented in this action are not complex. 5 Plaintiff was able to defeat defendant Bass’ motion for summary judgment and this action is 6 proceeding on plaintiff’s allegation that defendant Bass used excessive force in violation of the 7 Eighth Amendment. Based on a review of the record in this case, the court does not find that 8 plaintiff cannot adequately articulate his claims. Id. 9 10 11 12 For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY DENIED. IT IS SO ORDERED. Dated: cm411 June 21, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?