Fific v. Avenal State Prison et al

Filing 6

ORDER Denying Plaintiff's Motion for Counsel 5 , signed by Magistrate Judge Dennis L. Beck on 09/16/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIRZA FIFIC,

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Plaintiff,

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Case No. 1:13-cv-00885 DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR COUNSEL

v.
(Document 5)

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AVENAL STATE PRISON, et al.,

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Defendants.

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Plaintiff Mirza Fific (“Plaintiff”) is proceeding pro se in this civil rights action. Plaintiff paid

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the filing fee and is therefore not proceeding in forma pauperis.

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On September 9, 2013, Plaintiff filed a letter with the Court seeking legal representation.

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Plaintiff does not have a constitutional right to the appointment of counsel in this action.

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Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th

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Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §

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1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;

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Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
Section 1915(e)(1) is applicable, however, only where the person is unable to afford counsel.

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Here, there is no indication that Plaintiff is unable to afford counsel. In fact, he has paid the filing

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fee.

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In any event, the Court may only appoint counsel if exceptional circumstances exist. Palmer,

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560 F.3d at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this

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determination, the Court must evaluate the likelihood of success on the merits and the ability of

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Plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.

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Palmer, 560 F.3d at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither

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consideration is dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation and

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quotation marks omitted); Wilborn 789 F.2d at 1331.

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In the present case, the Court does not find the required exceptional circumstances. Even if it

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is assumed that Plaintiff is not well versed in the law and that he has made serious allegations which,

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if proved, would entitle him to relief, his case is not exceptional. The Court is faced with similar

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cases almost daily. Moreover, there is no indication that Plaintiff cannot sufficiently articulate his

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claims.
Therefore, Plaintiff’s request for the appointment of counsel is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

September 16, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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9b0hied

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