Howard v. Chapa, et al.
Filing
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ORDER Denying 7 Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 04/02/15. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHANDELL HOWARD,
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Plaintiff,
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v.
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E. CHAPA, et al,
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1:14-cv-0928-GSA (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 7)
Defendant.
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On March 27, 2015, plaintiff filed a motion seeking the appointment of counsel. Plaintiff
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does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113
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F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff
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pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern
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District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989).
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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.
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However, in certain
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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early stage in the proceedings, the court cannot make a determination that plaintiff is likely to
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succeed on the merits. Plaintiff=s complaint awaits the Court=s screening required under 28
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U.S.C. 1915. Thus, to date the Court has not found any cognizable claims in plaintiff=s complaint
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for which to initiate service of process, and no other parties have yet appeared. The legal issues
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in this case B whether defendants retaliated against Plaintiff, discriminated against him, and failed
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to protect him B do not appear complex, and this court is faced with similar cases almost daily.
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Moreover, based on a review of the record in this case, the Court does not find that plaintiff
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cannot adequately articulate his claims. Therefore, plaintiff=s motion shall be denied without
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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.
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IT IS SO ORDERED.
Dated:
April 2, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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