Dasenbrock v. Kings County et al

Filing 28

ORDER Denying 25 Motion to Appoint Counsel, signed by Magistrate Judge Dennis L. Beck on 10/4/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN DASENBROCK,

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Plaintiff,
v.
KINGS COUNTY, et al.,

1:11-cv-01884-DLB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 25)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983On September 30, 2013, Plaintiff filed a motion seeking

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the appointment of counsel. (ECF No. 25.) Plaintiff does not have a constitutional right to the

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appointment of counsel in this action. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009);

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Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). The Court may request the voluntary

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assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1), but it will do so only if exceptional

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circumstances exist. Palmer, 560 F.3d at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th

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Cir. 1986). In making this determination, the Court must evaluate the likelihood of success on the

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merits and the ability of Plaintiff to articulate his claims pro se in light of the complexity of the

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legal issues involved. Palmer at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at

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1331. Neither consideration is dispositive and they must be viewed together. Palmer, 560 F.3d

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at 970 (citation 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 exist at

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this time. Even if it is assumed that Plaintiff is not well versed in the law and that he has made

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

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Court is faced with similar cases almost daily.
For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY

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DENIED, without prejudice.

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IT IS SO ORDERED.
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Dated:

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/s/ Dennis

October 4, 2013

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

427h8ijefekbei

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L. Beck

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