White et al v. Valarie
Filing
22
ORDER DENYING 19 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 2/21/13. (Marrujo, C)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT FOR THE
9
EASTERN DISTRICT OF CALIFORNIA
10
11
HORTENSE WHITE,
12
13
14
1:13-cv-00157-GSA (PC)
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
vs.
TRENONE VALARIE,
( #19)
15
Defendants.
16
________________________________/
17
On February 15, 2013, plaintiff filed a motion seeking the appointment of counsel.
18
Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
19
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to
20
represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court
21
for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However,
22
in certain exceptional circumstances the court may request the voluntary assistance of counsel
23
pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.
24
Without a reasonable method of securing and compensating counsel, the court will seek
25
volunteer counsel only in the most serious and exceptional cases. In determining whether
26
“exceptional circumstances exist, the district court must evaluate both the likelihood of success
27
of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the
28
complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted).
-1-
1
In the present case, the court does not find the required exceptional circumstances. At
2
this early stage of the proceedings, the court cannot determine that Plaintiff is likely to succeed
3
on the merits. This case was transferred to this court from the Eastern District of Pennsylvania
4
on January 31, 2013, and Plaintiff filed a petition for writ of habeas in this § 1983 action less
5
than a week ago on February 15, 2013. The case is presently awaiting review on the court's
6
screening list. Therefore, Plaintiff's motion shall be denied, without prejudice to renewal of the
7
motion at a later stage of the proceedings.
8
9
For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
10
11
12
IT IS SO ORDERED.
Dated:
220hhe
February 21, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?