Dotson v. Doctor

Filing 8

ORDER DENYING Motion for Appointment of Counsel 2 , signed by Magistrate Judge Sheila K. Oberto on 1/23/14: Motion is DENIED without prejudice. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRACY LEE DOTSON,

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Plaintiff,
v.

1:14-cv-00093-SKO (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document #2)

DOCTOR,
Defendant.

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On November 27, 2013, plaintiff filed a motion seeking the appointment of

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counsel. 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), and the court cannot require an attorney to

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

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

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certain exceptional circumstances the court may request the voluntary assistance of counsel

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pursuant to 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. In determining whether

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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 the present case, the court does not find the required exceptional circumstances at this

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stage in the proceedings. Once the court has screened plaintiff’s complaint, the court will

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reevaluate plaintiff’s need for counsel if it determines the complaint states a viable claim for

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relief.1 Id.
For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY

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DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

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January 23, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Plaintiff’s complaint will be screened in due course. 28 U.S.C. § 1915A.
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