Estrada v. Tassey et al

Filing 98

ORDER DENYING Plaintiff's Motion for Appointment of Counsel, signed by Magistrate Judge Dennis L. Beck on 08/25/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,

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v.

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TASSEY, et al.,

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Defendants.

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Case No.: 1:13cv00919 DLB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL
(Document 97)

Plaintiff David Estrada (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action. Plaintiff filed a motion for appointment of counsel on August 14, 2014.
Plaintiff does not have a constitutional right to the appointment of counsel in this action.
Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th
Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §
1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970; Wilborn
v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the Court must
evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate his claims pro
se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970 (citation and
quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is dispositive and they

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must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation marks omitted); Wilborn,
789 F.2d at 1331.
In the present case, the Court does not find the required exceptional circumstances. Even if it
is assumed that Plaintiff is not well versed in the law and that he has made serious allegations which, if
proved, would entitle him to relief, his case is not exceptional. The Court is faced with similar cases
almost daily. Therefore, Plaintiff’s request for the appointment of counsel is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 25, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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