Harvey v. Ayala et al

Filing 36

ORDER Denying Motion For Appointment Of Counsel (ECF No. 34 ), signed by Magistrate Judge Michael J. Seng on 9/27/2012. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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QUILLIE L. HARVEY, JR.,

1:10-cv-02343-MJS (PC)

Plaintiff,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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v.

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A. AYALA, et al,
(ECF No. 34)

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Defendants.
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Plaintiff Quillie L Harvey (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On September 26, 2012, Plaintiff filed a motion

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seeking the appointment of counsel. (ECF No. 34.)

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand

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v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney

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to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District

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Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989).

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In certain exceptional circumstances the Court may request the voluntary assistance

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of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a

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reasonable method of securing and compensating counsel, the Court will seek volunteer

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counsel only in the most serious and exceptional cases.

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“exceptional circumstances exist, the district court must evaluate both the likelihood of
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In determining whether

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success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light

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of the complexity of the legal issues involved.” Id. (internal quotation marks and citations

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omitted).

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In the present case, the Court does not find the required exceptional circumstances.

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Even if it is assumed that Plaintiff is not well versed in the law and that he has made

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serious allegations which, if proved, would entitle him to relief, his case is not exceptional.

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This Court is faced with similar cases almost daily. Further, at this early stage in the

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proceedings, the Court cannot make a determination that Plaintiff is likely to succeed on

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the merits, and based on a review of the record in this case, the Court does not find that

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Plaintiff cannot adequately articulate his claims. Id.
For the foregoing reasons, Plaintiff’s motion for appointment of counsel is DENIED,

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without prejudice.

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IT IS SO ORDERED.

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Dated:
il0i0d

September 27, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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