Williams v. Anderson

Filing 13

ORDER DENYING 11 Motion to Appoint Counsel and 11 Motion for Early Settlement signed by Magistrate Judge Gerald B. Cohn on 10/13/2011. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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SYLESTER WILLIAMS,

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CASE NO. 1:10-cv-01250-LJO-GBC (PC)

Plaintiff,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AND
MOTION FOR EARLY SETTLEMENT

v.
R. ANDERSON,

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Defendant.

(Doc. 11)
/

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On August 17, 2011, plaintiff filed a motion seeking the appointment of counsel and

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requested to be placed in an “early settlement program.” (Doc 11). Plaintiff does not have a

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constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525

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(9th Cir. 1997), and the court cannot require an attorney to represent plaintiff pursuant to 28

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U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa,

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490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances

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the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand,

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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, at this early stage in the proceedings, the court cannot make a

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determination that plaintiff is likely to succeed on the merits, and based on a review of the record

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in this case, the court does not find that plaintiff cannot adequately articulate his claims. Id.

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With regards to Plaintiff’s request to be placed in an early settlement program, the Court

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must first screen the action pursuant to 28 U.S.C. § 1915A(a) and once the case is screened and

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defendants are served notice of the cognizable claims against them, Plaintiff can then contact

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defendants to determine if they desire to settle the action.

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For the foregoing reasons, plaintiff’s motion for the appointment of counsel and request
for placement in an early settlement program is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
0jh02o

October 13, 2011
UNITED STATES MAGISTRATE JUDGE

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