Dustin v. Gipson et al

Filing 26

ORDER Denying Plaintiff's Motion To Appoint Counsel (Document 24 -1), signed by Magistrate Judge Dennis L. Beck on 6/18/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALE OWEN DUSTIN,

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Plaintiff,

Case No. 1:14-cv-00757 AWI DLB PC
ORDER DENYING PLAINTIFF’S
MOTION TO APPOINT COUNSEL

v.
(Document 24-1)

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GIPSON, et al.,

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Defendants.

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Plaintiff Dale Owen Dustin (“Plaintiff”) is a California state prisoner proceeding pro se and

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in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action was transferred to

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this Court on May 16, 2014. On June 11, 2014, Plaintiff filed a motion for the appointment of

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counsel.

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Plaintiff does not have a constitutional right to the appointment of counsel in this action.

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Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th

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Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §

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1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;

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Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the

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Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate

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his claims pro se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970

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(citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is
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dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation

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marks omitted); Wilborn 789 F.2d at 1331.

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

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

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if proved, would entitle him to relief, his case is not exceptional. The Court is faced with similar

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cases almost daily. Therefore, Plaintiff’s request for the appointment of counsel is HEREBY

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DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 18, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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