Kinnamon v. Latia et al

Filing 57

ORDER DENYING 56 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 4/14/2015. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TODD KINNAMON,

12

Plaintiff,

13

v.

14

C. LATIA, et al.,

15

18
19
20
21
22

25

(Document# 56)

On April 13, 2015, plaintiff filed a motion seeking the appointment of counsel.1 Plaintiff
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.

23
24

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

Defendant.

16
17

1:12-cv-01325-AWI-DLB (PC)

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

26
27
28

1

Plaintiff also appears to request an extension of time to file a reply to Defendants’ March 17, 2015, objections. The
request is late, however, and the Findings and Recommendations have been adopted. In any event, the Court rejected
Defendants’ objections.
1

1

the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the

2

complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).

3

In the present case, Plaintiff states that he is a participant in the Enhanced Outpatient

4

Program Mental Health System and is developmentally impaired. Plaintiff had been receiving

5

legal assistance from another inmate, but that inmate is subject to transfer and resentencing

6

shortly.

7

A plaintiff’s mental health issues may, in some circumstances, warrant the appointment of

8

counsel. However, the Court will not appoint counsel in the absence of documentary evidence of

9

Plaintiff’s impairments. Accordingly, Plaintiff’s motion is DENIED WITHOUT PREJUDICE.

10

Plaintiff may renew the motion with supporting evidence of Plaintiff’s disability.

11
12
13

IT IS SO ORDERED.
Dated:

/s/ Dennis

April 14, 2015

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

L. Beck

2