Singleton, Sr. v. Biter, et al.

Filing 36

ORDER Denying Motion For Appointment Of Counsel (Document# 35 ), signed by Magistrate Judge Dennis L. Beck on 1/10/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR SINGLETON, SR.,

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Plaintiff,
v.
WARDEN M.D. BITER,

1:12-cv-00043-AWI-DLB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 35)

Defendant.

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On January 8, 2014, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff

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does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113

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F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff

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pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern

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District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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section 1915(e)(1). Rand, 113 F.3d at 1525.

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Without a reasonable method of securing and compensating counsel, the court will seek

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volunteer counsel only in the most serious and exceptional cases. In determining whether

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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success

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of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the

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complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).
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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 allegations

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which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with

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similar cases almost daily. Further, based on a review of the record in this case, the court does

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not find that Plaintiff cannot adequately articulate his claims. Id.
Moreover, to the extent that Plaintiff suggests that he is unable to obtain documents to

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support his action, Plaintiff may utilize discovery tools and file motions to compel, if necessary.

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Plaintiff is advised that the deadline for discovery and motions to compel is currently January 24,

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2014.
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

January 10, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:

9b0hied

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