McDaniel v. Chavez et al

Filing 50

ORDER DENYING 47 Motion to Appoint Counsel Pro Bono Counsel, signed by Magistrate Judge Erica P. Grosjean on 1/9/17. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT MCDANIEL, 12 13 14 15 Plaintiff, v. 1:10-cv-01077-LJO-EPG (PC) ORDER DENYING MOTION FOR APPOINTMENT OF PRO BONO COUNSEL (ECF NO. 47) FRANK X. CHAVEZ, et al., Defendants. 16 17 On December 30, 2016, Plaintiff filed a motion seeking the appointment of counsel. (ECF 18 No. 47). 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 for 21 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 will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether 26 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of 27 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 28 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. At this 2 early stage in the proceedings the Court cannot make a determination that Plaintiff is likely to 3 succeed on the merits. Further, based on a review of the record in this case, while Plaintiff may 4 have difficulty in articulating his claims well, the Court does not find that Plaintiff cannot 5 adequately articulate his claims. Id. 6 7 For the foregoing reasons, Plaintiff=s motion for appointment of pro bono counsel is HEREBY DENIED, without prejudice. 8 9 10 IT IS SO ORDERED. Dated: January 9, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 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?