Wheeler v. Alison et al

Filing 134

ORDER Denying Motion For Appointment of Counsel (Document# 130 ), signed by Magistrate Judge Dennis L. Beck on 7/2/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:12-cv-00861-LJO-DLB (PC)

ERIC WHEELER,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Document# 130)

KATHLEEN ALISON, et al.,
Defendants.

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On June 30, 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
F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff
pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern
District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain
exceptional circumstances, the Court may request the voluntary assistance of counsel pursuant to
section 1915(e)(1). Rand, 113 F.3d at 1525.
Without a reasonable method of securing and compensating counsel, the Court will seek
volunteer counsel only in the most serious and exceptional cases. In determining whether
Aexceptional circumstances exist, the district court must evaluate both the likelihood of 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 citations omitted).
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Plaintiff requests counsel to review and depose an inmate source in a confidential

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memorandum submitted by Defendants during briefing of another motion. The memorandum is

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sealed. The Court has conducted an in camera review of the memorandum and finds that

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appointment of counsel is not warranted.

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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.
Dated:

/s/ Dennis

July 2, 2014

UNITED STATES MAGISTRATE JUDGE

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L. Beck

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