Furnace v. Giurbino et al

Filing 21

ORDER Denying Motions For Appointment Of Counsel (Motions# 5 , 16 ), signed by Magistrate Judge Dennis L. Beck on 7/13/2011. (Fahrney, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD FURNACE, 12 1:11-CV-00012-LJO-DLB (PC) Plaintiff, ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL 13 v. 14 GEORGE GIURBINO, et al., (MOTIONS #5, 16) 15 Defendants. 16 ________________________________/ 17 On December 17, 2010 and January 20, 2011, plaintiff filed a motion seeking the 18 appointment of counsel. Plaintiff does not have a constitutional right to appointed counsel in this 19 action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an 20 attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States 21 District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain 22 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to 23 section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether 26 “exceptional circumstances exist, the district court must evaluate both the likelihood of success 27 of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 28 complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted). -1- 1 In the present case, the court does not find the required exceptional circumstances. Even 2 if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations 3 which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with 4 similar cases almost daily. Further, at this early stage in the proceedings, the court cannot make a 5 determination that plaintiff is likely to succeed on the merits, and based on a review of the record 6 in this case, the court does not find that plaintiff cannot adequately articulate his claims. Id. 7 8 9 For the foregoing reasons, plaintiff’s motions for the appointment of counsel are HEREBY DENIED, without prejudice. IT IS SO ORDERED. 10 Dated: 77e0d6 July 13, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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