Sheehan v. CDCR - Jamestown et al

Filing 13

ORDER DENYING Motion for Appointment of Counsel 12 , signed by Magistrate Judge Barbara A. McAuliffe on 2/21/13: Motion is DENIED without prejudice. (Hellings, J)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RANDALL LEE SHEEHAN, 12 13 1:12-cv-02060-LJO-BAM (PC) Plaintiff, vs. 14 CDCR - JAMESTOWN, et al, 15 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Defendants. ________________________________/ (ECF No. 12) 16 On February 19, 2013, plaintiff filed a motion seeking the appointment of counsel. 17 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 18 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to 19 represent him pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the 20 Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain 21 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to 22 section 1915(e)(1). Rand, 113 F.3d at 1525. 23 Without a reasonable method of securing and compensating counsel, the court will seek 24 volunteer counsel only in the most serious and exceptional cases. In determining whether 25 “exceptional circumstances exist, a district court must evaluate both the likelihood of success of 26 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 27 complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted). 28 -1- 1 In the present case, the court does not find the required exceptional circumstances. Even 2 if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations 3 which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with 4 similar cases almost daily. Further, at this early stage in the proceedings, the court cannot make a 5 determination that plaintiff is likely to succeed on the merits, and based on a review of the record 6 in this case, the court does not find that plaintiff cannot adequately articulate his claims. Id. 7 For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY 8 DENIED without prejudice. 9 IT IS SO ORDERED. 10 Dated: 10c20k February 21, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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