Shapour v. State of California

Filing 10

ORDER DENYING 6 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 12/10/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YOUSSEF SHAPOUR,

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Plaintiff,
v.
STATE OF CALIFORNIA, Department of
Transportation
Defendant.

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Case No.: No. 1:13-cv-1682 AWI-BAM
ORDER DENYING PLAINTIFF’S REQUEST
FOR APPOINTMENT OF COUNSEL

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This action now proceeds on Plaintiff Youssef Shapour’s (“Plaintiff”) original Complaint,

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filed on October 18, 2013, against Defendant the State of California Department of Transportation

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(“Defendant”) for discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 USC §

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2000e. (Doc. 1). On October 23, 2013, Plaintiff filed the instant motion seeking the appointment of

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counsel. (Doc. 6).

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REQUEST FOR COUNSEL

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

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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds on reh’g en banc,

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154 F.3d 952 (9th Cir. 1998) (en banc) and the court cannot require an attorney to represent plaintiff

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pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District
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of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989).

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

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

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However, in certain exceptional

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.

In determining whether

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

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

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legal issues involved.” Id. (internal quotation marks and citations omitted).

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

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

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proved, would entitle him to relief, his case is not exceptional. This court is faced with similar

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employment discrimination cases almost daily. Although Plaintiff is concerned about his ability to

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litigate this matter, this is not sufficient basis for the appointment of counsel. Plaintiff is required by

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the Local Rules to notify the court and opposing parties of his current address to ensure that he

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receives service of all orders and papers in this matter. Local Rule 183(b). Further, at this early stage

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in the proceedings, the court cannot make a determination that plaintiff is likely to succeed on the

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merits, and based on a review of the record in this case, the court does not find that plaintiff cannot

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adequately articulate his claims. Rand, 113 F.3d at 1525.

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For these reasons, Plaintiff’s request for the appointment of counsel shall be denied without
prejudice.
CONCLUSION AND ORDER

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Based on the above, IT IS HEREBY ORDERED that Plaintiff’s request for the appointment of
counsel is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 10, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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