Dixon v. Harrington et al

Filing 48

ORDER DENYING Plaintiff's 47 Motion for Appointment of Pro Bono Counsel, signed by Magistrate Judge Erica P. Grosjean on 06/28/17. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 TRADELL M. DIXON, Plaintiff, 13 14 15 16 v. 1:13-cv-00165-DAD-EPG (PC) ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF PRO BONO COUNSEL (ECF NO. 47) M. ARMAS, et al., Defendants. 17 18 19 Tradell Dixon (“Plaintiff”) is a former state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 26, 2017, 21 Plaintiff filed a motion for appointment of pro bono counsel. (ECF No. 47). 22 Plaintiff asks for appointment of counsel because he is unable to afford counsel, because 23 he is busy (he works full time, goes to school, and is representing himself in a civil case regarding 24 child custody and visitation rights of his daughter), and has a fragile emotional state of mind. 25 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 26 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 27 (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 1 1 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances 2 the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 3 113 F.3d at 1525. 4 Without a reasonable method of securing and compensating counsel, the Court will seek 5 volunteer counsel only in the most serious and exceptional cases. In determining whether 6 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of 7 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 8 complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted). 9 The Court will not order appointment of pro bono counsel at this time. The Court has 10 reviewed the record in this case, and at this time the Court cannot make a determination that Plaintiff 11 is likely to succeed on the merits of his claims. Moreover, based on the record in this case, it appears 12 that Plaintiff can adequately articulate his claims. 13 14 15 16 Plaintiff is advised that he is not precluded from renewing the motion for appointment of pro bono counsel at a later stage of the proceedings. For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for appointment of pro bono counsel is DENIED without prejudice. 17 18 19 IT IS SO ORDERED. Dated: June 28, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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