Thomas v. Razo, et al.
ORDER DENYING 25 Motion to Appoint Counsel signed by Magistrate Judge Gerald B. Cohn on 11/16/2011. (Jessen, A)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
J. RAZO, et al.,
On November 10, 2011, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff
does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d
1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff pursuant
to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa,
490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the Court may request the
voluntary assistance of counsel pursuant to Section 1915(e)(1). Rand, 113 F.3d at 1525.
Without a reasonable method of securing and compensating counsel, the Court will seek
volunteer counsel only in the most serious and exceptional cases. In determining whether
“exceptional circumstances exist, the District Court must evaluate both the likelihood of success of
the merits [and] the ability of the [Plaintiff] to articulate his claims pro se in light of the complexity
of the legal issues involved.” Id.
In the present case, the Court does not find the required exceptional circumstances. Even if
it is assumed that Plaintiff is not well versed in the law and that he has made serious allegations
which, if proved, would entitle him to relief, his case is not exceptional. This Court is faced with
similar cases almost daily. Further, at this early stage in the proceedings, the Court cannot make a
determination that Plaintiff is likely to succeed on the merits, and based on a review of the record
in this case, the Court does not find that Plaintiff cannot adequately articulate his claims. Id.
For the foregoing reasons, Plaintiff’s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
IT IS SO ORDERED.
November 16, 2011
UNITED STATES MAGISTRATE JUDGE
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