McCoy v. Kelso, et al.

Filing 290

ORDER DENYING Plaintiff's Seventh 288 Motion for Appointment of Counsel, and GRANTING Fourth 287 Motion for Extension to File Objections to Findings and Recommendations, signed by Magistrate Judge Stanley A. Boone on 7/12/2021. Objections to F&R due within THIRTY DAYS. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH RAYMOND MCCOY, 12 Plaintiff, 13 14 v. STRONACH, et al., 15 Defendants. 16 ORDER DENYING PLAINTIFF’S SEVENTH MOTION FOR APPOINTMENT OF COUNSEL, AND GRANTING FOURTH MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS (ECF Nos. 287, 288) action pursuant to 42 U.S.C. § 1983. On July 9, 2021, Plaintiff filed a motion for appointment of counsel, and fourth motion for 19 20 Case No.: 1:12-cv-000983-AWI-SAB (PC) Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights 17 18 ) ) ) ) ) ) ) ) ) ) extension of time to file objections to the pending Findings and Recommendations. As Plaintiff is well aware, he does not have a constitutional right to appointed counsel in this 21 22 action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any 23 attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District 24 Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional 25 circumstances the court may request the voluntary assistance of counsel pursuant to section 26 1915(e)(1). Rand, 113 F.3d at 1525. 27 /// 28 /// 1 Without a reasonable method of securing and compensating counsel, the Court will seek 1 2 volunteer counsel only in the most serious and exceptional cases. In determining whether 3 “exceptional circumstances exist, the district court must evaluate both the likelihood of success on the 4 merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the 5 legal issues involved.” Id. (internal quotation marks and citations omitted). 6 In the present case, the Court does not find the required exceptional circumstances. On 7 February 5, 2021, the undersigned issued Findings and Recommendations recommending judgment be 8 entered in favor of Defendants. (ECF No. 280.) Accordingly, Plaintiff has not and cannot 9 demonstrate that he is likely to proceed on the merits of the case, and based on a review of the record 10 in this case, Plaintiff can adequately articulate his claims to enable him to file objections to the 11 Findings and Recommendations. Accordingly, Plaintiff’s motion for appointment of counsel must be 12 denied. However, on the basis of good cause, the Court will grant Plaintiff’s motion for extension of 13 time to file objections to the pending Findings and Recommendations. 14 Accordingly, it is HEREBY ORDERED that: 15 1. Plaintiff’s motion for appointment of counsel is denied; and 16 2. Plaintiff is granted thirty (30) days from the date of service of this order to file objections. 17 18 19 20 21 IT IS SO ORDERED. Dated: July 12, 2021 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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