Wilhelm v. Woodford

Filing 35

ORDER denying 33 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 2/4/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVE WILHELM,

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Plaintiff,
v.
JEANNIE WOODFORD, et al.,
Defendants.

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Case No.: 1:12-cv-00386-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S THIRD
MOTION FOR APPOINTMENT OF COUNSEL
[ECF No. 33]

Plaintiff Steve Wilhelm is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s third motion for appointment of counsel, filed
January 31, 2014.

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As Plaintiff was previously advised, 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); Storseth

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

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

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Palmer, 560 F.3d at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this

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determination, the Court must evaluate the likelihood of success on the merits and the ability of

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Plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Palmer

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at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is
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dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation marks

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omitted); Wilborn, 789 F.2d at 1331.

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In the present case, the Court does not find the required exceptional circumstances as the Court

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has recommended that the complaint be dismissed without leave to amend for failure to state a

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cognizable claim.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s January 31, 2014 motion for the appointment of

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counsel is DENIED.

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IT IS SO ORDERED.
Dated:

February 4, 2014
UNITED STATES MAGISTRATE JUDGE

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