Bryant v. Apotex Inc et al

Filing 55

ORDER DENYING Plaintiff's Motion to Appoint Counsel 52 , signed by Magistrate Judge Jennifer L. Thurston on 2/6/2013. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

KEVIN BRYANT,

12
13
14
15
16

Plaintiff,
v.
APOTEX, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No.: 1:12-cv-01377-LJO-JLT
ORDER DENYING PLAINTIFF’S MOTION TO
APPOINT COUNSEL
(Doc. 52).

17

On May 9, 2012, Plaintiff initiated this action in the Kern County Superior Court. (Doc. 1 at

18

12). On August 21, 2012, Defendants removed the matter to this Court. (Doc. 1). Presently before

19

this Court is Plaintiff’s motion to appoint counsel. (Doc. 52).

20

Plaintiff is a California state prisoner proceeding pro se who seeks the appointment of counsel

21

pursuant to 28 U.S.C. § 1915(e)(1). Section 1915(e)(1) states that “[t]he court may request an attorney

22

to represent any person unable to afford counsel.” However, this section applies to persons proceeding

23

in forma pauperis. See Mallard v. United States Dist. Court for Southern Dist., 490 U.S. 296, 298

24

(1989). Since Plaintiff is not presently proceeding in forma pauperis, the Court lacks statutory

25

authority to appoint counsel to represent Plaintiff.

26

Plaintiff is advised that even if he were proceeding in forma pauperis, he would not have a

27

constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th

28

Cir. 1997), and the court could not require an attorney to represent plaintiff pursuant to 28 U.S.C. §
1

1

1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296,

2

298, 109 S.Ct. 1814, 1816 (1989). In certain exceptional circumstances, for those proceeding in forma

3

pauperis, the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1).

4

Rand, 113 F.3d at 1525. However, without a reasonable method of securing and compensating

5

counsel, the court would seek volunteer counsel only in the most serious and exceptional cases.

6

Plaintiff is further advised that his lack of legal training in the law and his inability to find an attorney

7

to accept his case does not make his case exceptional, as this Court is faced with similar cases almost

8

daily.
For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff’s motion for appointment

9
10

of counsel is DENIED, without prejudice.

11
12
13
14

IT IS SO ORDERED.
Dated:

February 6, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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