Gray v. Johnson et al

Filing 308

ORDER DENYING 306 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 2/15/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-01473-DAD-GSA (PC)

DANA GRAY,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Document# 306)

D. K. JOHNSON, et al.,
Defendants.

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On February 12, 2018, plaintiff filed a motion seeking the appointment of counsel.

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland,

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113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent

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plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the

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Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain

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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to

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section 1915(e)(1). Rand, 113 F.3d at 1525.

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Without a reasonable method of securing and compensating counsel, the court will seek

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volunteer counsel only in the most serious and exceptional cases.

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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of

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the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the

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complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).
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In determining whether

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In the present case, the court does not find the required exceptional circumstances. At this

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stage of the proceedings, the court cannot make a determination that plaintiff is likely to succeed

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on the merits. Plaintiff=s sixth amended complaint, filed on February 12, 2018, awaits screening

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by the court to determine if it states cognizable claims. (ECF No. 307.) Based on a review of the

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record in this case, the court finds that plaintiff can adequately articulate her medical claims,

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which do not appear complex. Plaintiff seeks counsel to assist her with settlement negotiations.

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This does not amount to exceptional circumstances under the law. Therefore, Plaintiff=s motion

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shall be denied without prejudice to renewal of the motion at a later stage of the proceedings.

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For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

February 15, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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