Kinnamon v. California Department of Corrections et al

Filing 11

ORDER DENYING 8 and 9 Motion to Appoint Counsel, signed by Magistrate Judge Dennis L. Beck on 9/30/13. (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 TODD KINNAMON, 12 13 14 15 Plaintiff, vs. CDC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 1:13cv00109 DLB PC ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL (Documents 8 and 9) 16 17 18 19 20 21 22 Plaintiff Todd Kinnamon, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on January 24, 2013. On September 26, 2013, Plaintiff filed a motion seeking the appointment of counsel. 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 23 for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in 24 25 26 27 28 certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 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 1 1 2 3 “exceptional circumstances exist, the district court must evaluate both the likelihood of success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted). 4 In the present case, the court does not find the required exceptional circumstances. Even 5 if it is assumed that Plaintiff is not well versed in the law and that he has made serious 6 7 8 9 allegations which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with similar cases almost daily. Further, at this early stage in the proceedings, the court cannot make a determination that Plaintiff is likely to succeed on the merits, and based on a 10 review of the record in this case, the court does not find that Plaintiff cannot adequately 11 articulate his claims. Id. For the foregoing reasons, Plaintiff’s motions for the appointment of counsel are 12 13 HEREBY DENIED, without prejudice. 14 15 16 17 IT IS SO ORDERED. 18 Dated: 19 /s/ Dennis September 30, 2013 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 20 9b0hied 21 22 23 24 25 26 27 28 2

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