Abercrombie v. Corcoran State Prison et al
ORDER DENYING Motion for Appointment of Counsel 26 , signed by Magistrate Judge Gary S. Austin on 3/27/14: Motion is DENIED without prejudice. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DR. KAUT, et al.,
1:11-cv-00048 GSA (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
On March 24, 2014, 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, 109 S.Ct. 1814, 1816 (1989).
exceptional circumstances the court may request the voluntary assistance of counsel pursuant to
section 1915(e)(1). Rand, 113 F.3d at 1525.
However, in certain
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
Aexceptional 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. (internal quotation marks and citations omitted).
In the present case, the court does not find the required exceptional circumstances. At this
stage in the proceedings, the court cannot make a determination that plaintiff is likely to succeed
on the merits. Plaintiff’s sole defendant has not been served and, to date, has not been located
after two attempts at service. While Plaintiff asserts that it is difficult for him to read, write and
understand material regarding his case, based on the record in this case, the court does not find
that plaintiff cannot adequately articulate his claims and respond to court orders. Further, the
legal issue in this case B whether defendant failed to provide Plaintiff with adequate medical
treatment B does not appear complex, and this court is faced with similar cases almost daily.
Therefore, plaintiff=s motion shall be denied without prejudice to renewal of 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.
IT IS SO ORDERED.
March 27, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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