Singleton, Sr. v. Biter, et al.

Filing 33

ORDER DENYING Plaintiff's 26 Motion to Appoint Counsel without Prejudice signed by Magistrate Judge Dennis L. Beck on 1/2/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY SINGLETON, SR.,

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Plaintiff,
v.
M.D. BITER, et al.,
Defendants.

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Case No.: 1:12cv00043 AWI DLB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL WITHOUT
PREJUDICE
(Document 26)

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Plaintiff Larry Singleton, Sr. (“Plaintiff”) is a California state prisoner. He is proceeding pro

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se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The action is

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proceeding on Plaintiff’s Eighth Amendment claim against Defendants M. D. Biter and Sherri Lopez.

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On November 1, 2013, Plaintiff filed a motion for the appointment of counsel.

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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 (9th

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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; Wilborn

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v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the Court must

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evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate his claims pro

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se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970 (citation and
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quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is dispositive and they
must be viewed together. Palmer, 560 F.3d 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. Even if it
is assumed that Plaintiff is not well versed in the law and that he has made serious allegations which, if
proved, would entitle him to relief, his case is not exceptional. The Court is faced with similar cases
almost daily. Moreover, at this stage of the proceedings, there is no indication that Plaintiff is unable
to articulate his claims.

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Therefore, Plaintiff’s request for the appointment of counsel is HEREBY DENIED WITHOUT
PREJUDICE.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

January 2, 2014

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

9b0hied

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