Hanna v. Mariposa County Sheriff Dept. et al

Filing 21

ORDER DENYING 20 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 12/17/2012. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

RICHARD CHARLES HANNA,

10
11

CASE NO. 1:12-cv-00501-AWI-DLB

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL

v.
(ECF No. 20)

12

MARIPOSA COUNTY SHERIFF DEPT.
et al.,

13
Defendants.
14

/

15
Plaintiff Richard Charles Hanna, a prisoner appearing pro se and in forma pauperis in this
16
civil rights action pursuant to 42 U.S.C. § 1983, filed this action on April 2, 2012. On December
17
12, 2012, Plaintiff filed a motion for appointment of counsel. (ECF No. 20.)
18
Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
19
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent
20
plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern
21
District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional
22
circumstances the court may request the voluntary assistance of counsel pursuant to section
23
1915(e)(1). Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).
24
Without a reasonable method of securing and compensating counsel, the court will seek
25
volunteer counsel only in the most serious and exceptional cases. In determining whether
26
“‘exceptional circumstances’ exist, a court must consider the likelihood of success of the merits as
27
well as the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the
28
1

1

legal issues involved.” Palmer, 560 F.3d at 970 (citations omitted).

2

Even if it is assumed that plaintiff is not well versed in the law and that he has made serious

3

allegations which, if proved, would entitle him to relief, his case is not exceptional. The

4

circumstances described by Plaintiff, limited access to the law library and inability to afford an

5

attorney, are common to all prisoners and do not establish exceptional circumstances that would

6

warrant appointment of counsel. Upon review of the record in the present case, the court does not

7

find the required exceptional circumstances. Further, at this early stage in the proceedings, the court

8

cannot make a determination that plaintiff is likely to succeed on the merits. Finally, the court has

9

reviewed plaintiff’s complaint and does not find that plaintiff cannot adequately articulate his claims.

10
11

Id.
For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY

12

DENIED, without prejudice.

13

IT IS SO ORDERED.

14

Dated:
3b142a

December 17, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2