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)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.

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1:10-cv-00754-LJO-BAM-(PC)

BASS, et al.,
(ECF No. 65)

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Defendants.

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________________________________/

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On June 18,2012, 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

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will seek volunteer counsel only in the most serious and exceptional cases. In determining

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whether “exceptional circumstances exist, the district court must evaluate both the likelihood of

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success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of

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the 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.

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Even if it is assumed that plaintiff is not well versed in the law and that he has made serious

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allegations which, if proved, would entitle him to relief, his case is not exceptional. This court is

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faced with similar cases almost daily. The issues presented in this action are not complex.

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Plaintiff was able to defeat defendant Bass’ motion for summary judgment and this action is

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proceeding on plaintiff’s allegation that defendant Bass used excessive force in violation of the

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Eighth Amendment. Based on a review of the record in this case, the court does not find that

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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 DENIED.
IT IS SO ORDERED.
Dated:
cm411

June 21, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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