Todd v. California Department of Corrections and Rehabilition et al

Filing 59

ORDER Denying 58 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 07/13/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ANTHONY TODD,

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Plaintiff,

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No. 1:12-cv-01003 DAD DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR COUNSEL

v.
(Document 58)
THOMPSON, et al.,

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Defendants.

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Plaintiff Michael Anthony Todd (“Plaintiff”) is a California state prisoner proceeding pro

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se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. He filed a
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motion for the appointment of counsel on July 8, 2016.
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Plaintiff does not have a constitutional right to the appointment of counsel in this action.
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Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353
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(9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C.
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§ 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;
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Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the
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Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate
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his claims pro se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970
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(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

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

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

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

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

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similar cases almost daily. Therefore, Plaintiff’s request for the appointment of counsel is

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HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 13, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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