Hood v. Mims et al

Filing 8

ORDER Denying Motion For Appointment Of Counsel (Doc. 7 ), signed by Magistrate Judge Gary S. Austin on 5/1/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-00108 LJO GSA (PC)

ALBERT LEE HOOD,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Document# 7)

MARGARET MIMS, et al.,
Defendants.

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On April 21, 2014, plaintiff filed a motion seeking the appointment of counsel. Plaintiff

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does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113

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F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff

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pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern

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District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989).

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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to

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section 1915(e)(1). Rand, 113 F.3d at 1525.

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However, in certain

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.

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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success

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

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

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In the present case, the court does not find the required exceptional circumstances. At this

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early stage in the proceedings, the court cannot make a determination that plaintiff is likely to

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succeed on the merits. Plaintiff=s complaint awaits the Court=s formal screening required under

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28 U.S.C. 1915. Thus, to date the Court has not found any cognizable claims in plaintiff=s

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complaint for which to initiate service of process, and no other parties have yet appeared. The

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legal issue in this case B whether defendants failed to provide medical treatment to Plaintiff B is

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not complex, and this court is faced with similar cases almost daily. Moreover, based on a review

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of the record in this case, the Court does not find that plaintiff cannot adequately articulate his

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claims. Therefore, plaintiff=s motion shall be denied without prejudice to renewal of the motion

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at a later stage of the proceedings.
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 1, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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