Herrera v. Ahlin et al

Filing 14

ORDER DENYING 10 Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 5/21/15. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RUBEN HERRERA, 12 13 14 15 Plaintiff, v. PAM AHLIN, et al., 1:14-cv-00164-LJO-GSA (PC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Document# 10) Defendants. 16 17 On May 14, 2015, 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 of 27 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. At this 2 early stage in the proceedings, the court cannot determine whether Plaintiff is likely to succeed on 3 the merits. 4 complaint within thirty days. To date, Plaintiff has not filed the second amended complaint. 5 Thus, there is no complaint on record in this case for which the court has found cognizable 6 claims. It is too early for service of process, and no other parties have yet appeared. Moreover, 7 the Court does not find that Plaintiff cannot adequately articulate his claims or respond to the 8 9 10 11 12 court=s orders. Therefore, Plaintiff’s motion shall be denied, without prejudice to renewal of the motion at a later stage of the proceedings. For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY DENIED, without prejudice. IT IS SO ORDERED. 13 Dated: 14 On May 20, 2015, the court granted Plaintiff leave to file a second amended May 21, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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