Valdovinos-Blanco v. Adler et al
Filing
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ORDER DENYING 12 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 5/15/2012. (Jessen, A)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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GONZALO VALDOVINOS-BLANCO,
1:12-cv-00211-BAM (PC)
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Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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vs.
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NEIL H. ADLER, et al.,
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(ECF No. 12)
Defendants.
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________________________________/
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On May 14, 2012, plaintiff filed a motion seeking the appointment of counsel.
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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to
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represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court
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for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in
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certain exceptional circumstances the court may request the voluntary assistance of counsel
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pursuant to 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
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will seek volunteer counsel only in the most serious and exceptional cases. In determining
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whether “exceptional circumstances exist, the district court must evaluate both the likelihood of
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success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of
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the 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.
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Even 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. This 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, and based on a
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review of the record in this case, the court does not find that plaintiff cannot adequately articulate
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his claims. Id.
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For the foregoing reasons, plaintiff’s motion for the appointment of counsel is
HEREBY DENIED, without prejudice.
IT IS SO ORDERED.
Dated:
cm411
May 15, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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