Howard v. Wang, et al.

Filing 53

ORDER Denying 51 Motion for Appointment of Counsel, signed by Magistrate Judge Dennis L. Beck on 10/2/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY HOWARD,

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Plaintiff,

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v.

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J. WANG, et al.,

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1:10-cv-01783-AWI-DLB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Documents 51 and 52)

Defendant.

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On September 25, 2013, 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. Rowland,

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113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent

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plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the

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Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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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 will seek

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

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Aexceptional 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 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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To the extent that Plaintiff seeks counsel to alleviate discovery issues involving

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Defendants, he may request additional time from the Court or file motions to compel, if

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necessary. Insofar as Plaintiff contends that he is being denied access to the law library and/or

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legal copies by the prison, he may seek injunctive relief pursuant to the All Writs Act, 28 U.S.C.

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§ 1651(a).
For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY

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DENIED, without prejudice.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

October 2, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:

9b0hied

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