Vanderbusch v. Enenmoh et al

Filing 35

ORDER DENYING 34 Motion for Appointment of Pro Bono Counsel signed by Magistrate Judge Erica P. Grosjean on 7/5/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 GARY VANDERBUSCH, 13 Plaintiff, 14 15 v. Case No. 1:13-cv-01422-LJO-EPG (PC) ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF PRO BONO COUNSEL (ECF NO. 34) JOHN CHOKATOS, Defendant. 16 17 18 19 Gary Vanderbusch (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 30, 2017, Plaintiff filed 21 a motion for appointment of pro bono counsel. (ECF No. 34). 22 Plaintiff asks for appointment of counsel because he is unable to afford counsel, because 23 of the complexity of his case, because of his limited education, because he is unable to move 24 around a lot, because his mental state is one of depression, and because Plaintiff believes that he 25 has a good case. 26 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 27 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 28 (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 1 1 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 2 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances 3 the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 4 113 F.3d at 1525. 5 Without a reasonable method of securing and compensating counsel, the Court will seek 6 volunteer counsel only in the most serious and exceptional cases. In determining whether 7 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of 8 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 9 complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted). 10 The Court will not order appointment of pro bono counsel at this time. The Court has 11 reviewed the record in this case, and at this time the Court cannot make a determination that Plaintiff 12 is likely to succeed on the merits of his claim. Moreover, based on the record in this case, it appears 13 that Plaintiff can adequately articulate his claim and respond to Court orders. 14 15 16 17 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. 18 19 20 IT IS SO ORDERED. Dated: July 5, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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