Meredith v. Overley et al

Filing 82

ORDER Denying 80 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 03/05/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DWAYNE MEREDITH,

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Plaintiff,
v.
D. OVERLEY, et al.,

1:12-cv-00455-MJS (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 80)

Defendants.

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On February 23, 2015, 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,

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Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an

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attorney to represent plaintiff pursuant to 28 U.S.C. ' 1915(e)(1), Mallard v. United

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States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). In

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certain exceptional circumstances the court may request the voluntary assistance of

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counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a

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reasonable method of securing and compensating counsel, the court will seek volunteer

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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

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success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in
light of the complexity of the legal issues involved.@ Id. (internal quotation marks and
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citations omitted).

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In the present case, the court does not find the required exceptional

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circumstances. Even if it is assumed that plaintiff is not well versed in the law and that he

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has made serious allegations which, if proved, would entitle him to relief, his case is not

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exceptional. This court is faced with similar cases almost daily. Further, at this stage in

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the proceedings, the court cannot make a determination that plaintiff is likely to succeed

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on the merits, and based on a review of the record in this case, the court does not find

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that plaintiff cannot adequately articulate his claims. Id.

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For the foregoing reasons, plaintiff=s motion for the appointment of counsel is
HEREBY DENIED, without prejudice.

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IT IS SO ORDERED.
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Dated:

March 5, 2015

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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