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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEWART MANAGO,

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CASE NO. 1:11-cv-01269-SMS PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL

v.
(Doc. 35)

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GONZALEZ, et al.,
Defendants.
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Plaintiff, Stewart Mango, (“Plaintiff”) is a state prisoner who is currently proceeding pro
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se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed
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his Complaint on August 1, 2011. (Doc. 1.) The Complaint was screened and dismissed with
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leave to amend since it failed to state any cognizable claims. (Doc. 29.) On January 7, 2013,
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Plaintiff filed a motion for appointment of counsel. (Doc. 35.)
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Plaintiff does not have a constitutional right to the appointment of counsel in this action.
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Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) citing Storseth v. Spellman, 654 F.2d 1349,
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1353 (9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28
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U.S.C. § 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d
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at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). “When determining
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whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on the
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merits as well as the ability of the petitioner to articulate his claims pro se in light of the
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complexity of the legal issues involved.’” Palmer, 560 F.3d at 970 quoting Weygant v. Look,
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718 F.2d 952, 954 (9th Cir. 1983) (emphasis in original). “Neither of these considerations is

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dispositive and instead must be viewed together.” Palmer, 560 F.3d at 970, quoting Wilborn 789

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F.2d at 1331.

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

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

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

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

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cannot make a determination that Plaintiff is likely to succeed on the merits,1 and based on a

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review of the record in this case, the Court does not find that Plaintiff cannot adequately

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articulate his claims. Id.

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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:
icido3

January 13, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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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.

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