Thomas v. Razo, et al.
Filing
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ORDER DENYING 25 Motion to Appoint Counsel signed by Magistrate Judge Gerald B. Cohn on 11/16/2011. (Jessen, A)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT THOMAS,
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1:10-cv-02173-AWI-GBC (PC)
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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v.
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J. RAZO, et al.,
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Defendants.
________________________________/
Doc. 25
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On November 10, 2011, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff
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does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d
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1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff pursuant
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to 28 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 (1989). However, in certain exceptional circumstances the Court may request the
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voluntary assistance of counsel 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 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 of
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the merits [and] the ability of the [Plaintiff] to articulate his claims pro se in light of the complexity
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of the legal issues involved.” Id.
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In the present case, the Court does not find the required exceptional circumstances. Even if
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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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For the foregoing reasons, Plaintiff’s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
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IT IS SO ORDERED.
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Dated:
0jh02o
November 16, 2011
UNITED STATES MAGISTRATE JUDGE
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