Vella v. Clark, et al.
Filing
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ORDER DENYING 21 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 5/28/2014. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN ANTHONY VELLA,
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Plaintiff,
v.
EDGAR CLARK, et al.,
Defendants.
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Case No.: 1:12-cv-01402-SAB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
[ECF No. 21]
Plaintiff John Anthony Vella is appearing pro se and in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the
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jurisdiction of the United States Magistrate Judge on September 27, 2012. Local Rule 302.
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On May 23, 2014, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff does
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not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520,
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1525 (9th Cir. 1997), and the court cannot require any attorney to represent plaintiff pursuant to 28
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U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490
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U.S. 296, 298 (1989). However, in certain exceptional circumstances the court may request the
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voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.
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Without a reasonable method of securing and compensating counsel, the court will seek
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volunteer counsel only in the most serious and exceptional cases. In determining whether
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“exceptional circumstances exist, the district court must evaluate both the likelihood of success on the
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merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the
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legal issues involved.” Id. (internal quotation marks and citations omitted).
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In the present case, the court does not find the required exceptional circumstances. Even if it
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assumed that plaintiff is not well versed in the law and that he has made serious allegations which, if
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proved, would entitle him to relief, his case is not exceptional. Plaintiff alleges an Eighth Amendment
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claim against several defendants for denying him appropriate medical attention. The legal issues
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present in this action are not complex, and Plaintiff has thoroughly set forth his allegations in the
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complaint. However, at this early stage in the proceedings, the court cannot make a determination that
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Plaintiff is likely to succeed on the merits, and based on a review of the record in this case, the court
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does not find that plaintiff cannot adequately articulate his claims. Id.
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:
May 28, 2014
UNITED STATES MAGISTRATE JUDGE
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