Valencia v. Kokor

Filing 10

ORDER DENYING 9 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 1/6/2014. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL G. VALENCIA, 12 13 14 15 Plaintiff, v. WINFRED KOKOR, M.D., 1:13-cv-01391-DLB (PC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Document# 9) Defendant. 16 17 On January 2, 2014, plaintiff filed a motion seeking the appointment of counsel. Plaintiff 18 does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 19 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff 20 pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern 21 District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain 22 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to 23 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 Aexceptional 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. Even 2 if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations 3 which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with 4 similar cases almost daily. Further, at this early stage in the proceedings, the court cannot make a 5 determination that plaintiff is likely to succeed on the merits, and based on a review of the record 6 in this case, the court does not find that plaintiff cannot adequately articulate his claims. Id. 7 Plaintiff states that he is disabled by pain and cannot write to keep up with briefs in this case. The 8 Court will not grant such a request absent medical documentation. Moreover, to the extent that 9 Plaintiff needs additional time to complete pleadings or meet deadlines, he can request additional 10 time from the Court. For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY 11 12 DENIED, without prejudice. 13 14 IT IS SO ORDERED. 15 Dated: 16 /s/ Dennis January 6, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 17 18 DEAC_Signature-END: 9b0hied 19 20 21 22 23 24 25 26 27 28 2

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