Campbell v. Beard et al

Filing 10

ORDER DENYING Plaintiff's 9 Motion for Reconsideration of Order Denying Request for Appointment of Counsel signed by Magistrate Judge Stanley A. Boone on 6/27/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY TYRONE CAMPBELL, SR.

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Plaintiff,
v.
JEFFREY BEARD, et al.,

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Defendants.

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Case No.1:14-cv-00801-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION OF ORDER
DENYING REQUEST FOR APPOINTMENT
OF COUNSEL
[ECF No. 9]

Plaintiff Anthony Tyrone Campbell Sr. is appearing pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
On June 11, 2014, the Court denied Plaintiff’s request for the appointment of counsel finding

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that Plaintiff did not present extraordinary circumstances to warrant the appointment of voluntary

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counsel.

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Now pending before the Court is Plaintiff’s motion for reconsideration of the Court’s June 11,
2014, order.

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The Court has discretion to reconsider and vacate a prior order. Barber v. Hawaii, 42 F.3d

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1185, 1198 (9th Cir. 1994); United States v. Nutri-cology, Inc., 982 F.2d 394, 396 (9th Cir. 1992).

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Motions to reconsider are committed to the discretion of the trial court. Combs v. Nick Garin

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Trucking, 825 F.2d 437, 441 (D.C. Cir. 1987); Rodgers v. Watt, 722 F.2d 456, 460 (9th Cir. 1983) (en

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banc). To succeed, a party must set forth facts or law of a strongly convincing nature to induce the
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court to reverse its prior decision. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp.

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656, 665 (E.D. Cal. 1986), affirmed in part and reversed in part on other grounds, 828 F.2d 514 (9th

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Cir. 1987). When filing a motion for reconsideration, Local Rule 230(j) requires a party to show the

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“new or different facts or circumstances claimed to exist which did not exist or were not shown upon

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such prior motion, or what other grounds exist for the motion.” Local Rule 230(j).
By the instant request for reconsideration, Plaintiff argues that “extraordinary complexities are

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relevant to the criminal intent conspiracy enacted by the defendants at the denou[nc]ement of falsely

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accusing Plaintiff of “battery on a peace officer causing serious injury.” Plaintiff contends that there

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was not sufficient evidence to support the disciplinary violation and defendants have conspired to

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“cover-up” the premeditated crime. In addition, Plaintiff contends that he has limited access to

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resources and law library time.
As Plaintiff previously was informed, he does not have a constitutional right to appointed

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counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot

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require an attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States

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

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exceptional circumstances the Court may request the voluntary assistance of counsel pursuant to

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section 1915(e)(1). Rand, 113 F.3d at 1525.
Plaintiff’s claim that there was not sufficient evidence to support the charge of battery because

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it was based on false allegations is the basis of Plaintiff’s complaint which alone does not justify the

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appointment of counsel. Plaintiff limited access to resources and law library do not demonstrate

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exceptional circumstances. This Court is faced with cases brought by prisoners in similar

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circumstances almost daily. Based on a review of the record in this case, the Court does not find that

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Plaintiff cannot adequately articulate his claims. Further, at this stage in the proceedings, the Court

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cannot make a determination that Plaintiff is likely to succeed on the merits.

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Accordingly, Plaintiff’s motion for reconsideration is DENIED.

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IT IS SO ORDERED.
Dated:

June 27, 2014
UNITED STATES MAGISTRATE JUDGE

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