White v. Patel et al
Filing
46
ORDER DENYING Motion for Appointment of Counsel 44 , signed by Magistrate Judge Gary S. Austin on 4/24/14. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEROME WHITE,
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Plaintiff,
v.
1:11-cv-00047 AWI GSA (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 44)
PATEL, et al.,
Defendants.
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On April 23, 2014, 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
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F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff
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pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern
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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, plaintiff argues that he is housed in an outpatient facility for mentally
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disturbed persons and has no reasonable way to obtain counsel. This does not make plaintiff’s
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case exceptional. This court is faced with similar cases daily. While the court has found that
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plaintiff states cognizable claims for inadequate medical care under the Eighth Amendment, this
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finding is not a determination that plaintiff is likely to succeed on the merits and at this juncture,
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the court cannot find that plaintiff is likely to succeed on the merits. Plaintiff’s medical claims do
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not appear complex, 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. Thus, the court does not find the required
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exceptional circumstances, and plaintiff’s motion shall be denied without prejudice to renewal of
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the motion at a later stage of the proceedings.
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:
April 24, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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