Hissong v. Tulare County, et al.

Filing 10

ORDER Denying Motion For Appointment Of Counsel (Document # 5 ), signed by Magistrate Judge Sheila K. Oberto on 9/9/2011. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY EARL HISSONG, Sr.,

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Plaintiff,

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TULARE COUNTY, et al.,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.

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1:11-cv-01397-SKO (PC)

Defendants.
________________________________/

(Document #5)

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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); Storseth v. Spellman, 654 F.2d 1349, 1353
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(9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C.
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§ 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;
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Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1981). In making this determination, the
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Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to
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articulate his claims pro se in light of the complexity of the legal issues involved. Palmer, 560
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F.3d at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither
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consideration is dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation
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and quotation marks omitted); Wilborn 789 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. Therefore, Plaintiff’s request for the appointment of

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counsel is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
i0d3h8

September 9, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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