Stewart Manago v. Gonzalez et al

Filing 36

ORDER Denying Plaintiff's Motion for Appointment of Counsel 35 , signed by Magistrate Judge Sandra M. Snyder on 1/13/13. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 STEWART MANAGO, 10 11 CASE NO. 1:11-cv-01269-SMS PC Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL v. (Doc. 35) 12 13 14 GONZALEZ, et al., Defendants. / 15 Plaintiff, Stewart Mango, (“Plaintiff”) is a state prisoner who is currently proceeding pro 16 se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed 17 his Complaint on August 1, 2011. (Doc. 1.) The Complaint was screened and dismissed with 18 leave to amend since it failed to state any cognizable claims. (Doc. 29.) On January 7, 2013, 19 Plaintiff filed a motion for appointment of counsel. (Doc. 35.) 20 Plaintiff does not have a constitutional right to the appointment of counsel in this action. 21 Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) citing Storseth v. Spellman, 654 F.2d 1349, 22 1353 (9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 23 U.S.C. § 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d 24 at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). “When determining 25 whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on the 26 merits as well as the ability of the petitioner to articulate his claims pro se in light of the 27 complexity of the legal issues involved.’” Palmer, 560 F.3d at 970 quoting Weygant v. Look, 28 1 1 718 F.2d 952, 954 (9th Cir. 1983) (emphasis in original). “Neither of these considerations is 2 dispositive and instead must be viewed together.” Palmer, 560 F.3d at 970, quoting Wilborn 789 3 F.2d at 1331. 4 In the present case, the Court does not find the required exceptional circumstances. Even 5 if it is assumed that Plaintiff is not well versed in the law and that he has made serious 6 allegations which, if proved, would entitle him to relief, his case is not exceptional. The Court is 7 faced with similar cases almost daily. Further, at this early stage in the proceedings, the Court 8 cannot make a determination that Plaintiff is likely to succeed on the merits,1 and based on a 9 review of the record in this case, the Court does not find that Plaintiff cannot adequately 10 articulate his claims. Id. 11 12 For the foregoing reasons, Plaintiff’s motion for the appointment of counsel is HEREBY DENIED, without prejudice. 13 14 IT IS SO ORDERED. 15 Dated: icido3 January 13, 2013 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 1 W hile Plaintiff’s original Complaint was screened and dismissed for failure to state a cognizable claim, the Court has not yet screened Plaintiff’s First Amended Complaint to determine whether it states any cognizable claims for relief. 28 U.S.C. § 1915A. The Court has many civil cases pending before it and will screen Plaintiff’s First Amended Complaint in due course. 2

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