Tennento v. Boston et al

Filing 8

ORDER DENYING 7 Plaintiff's Motion for Appointment of Counsel Without Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 7/7/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY TENNENTO,
Plaintiff,

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v.
CHRISTOPHER BOSTON, et al.,
Defendants.

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Case No.: 1:14-cv-00772 - LJO - JLT
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL WITHOUT
PREJUDICE
(Doc. 7)

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On June 30, 2014, Plaintiff Tony Tennento (“Plaintiff”) filed a motion for appointment of

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counsel. (Doc. 7.) Plaintiff is informed that in most civil cases, there is no constitutional right to

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counsel, but the Court may request an attorney to represent indigent persons. 28 U.S.C. § 1915(e)(1).

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The Court cannot require representation of a plaintiff pursuant to 28 U.S.C. § 1915. Mallard v. U.S.

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District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). Nevertheless, in

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“exceptional circumstances,” the Court has discretion to request the voluntary assistance of counsel.

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Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997).

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To determine whether “exceptional circumstances exist, the district court must evaluate both the

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

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light of the complexity of the legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks

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and citations omitted). Here, the Court has determined that Plaintiff stated a cognizable claim in his

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First Amended Complaint, and Plaintiff has demonstrated that he is able to state his position in an
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intelligible manner before the Court. Further, at this early stage in the proceeding, the Court is unable

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to make a determination that Plaintiff is likely to succeed on the merits. Therefore, the Court does not

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find the required exceptional circumstances at this time.

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Accordingly, IT IS HEREBY ORDERED: Plaintiff’s motion for the appointment of counsel is
DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated:

July 7, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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