McClure v. Chen, et al.

Filing 51

ORDER denying 48 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 6/5/2017. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:14-cv-00932-DAD-GSA (PC) GEORGE McCLURE, Plaintiff, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. (Document# 48) C.K. CHEN, et al., Defendants. 16 17 On May 11, 2017, 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). 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 However, in certain Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. 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 In determining whether 1 In the present case, the court does not find the required exceptional circumstances. At 2 this stage in the proceedings, the court cannot make a determination that plaintiff is likely to 3 succeed on the merits; defendants= motion for summary judgment is now pending and may 4 dispose of the case. Moreover, based on the record in this case, the court does not find that 5 plaintiff cannot adequately articulate his claims. Therefore, plaintiff=s motion for appointment of 6 counsel shall be denied, without prejudice to renewal of the motion after defendants’ motion for 7 summary judgment has been resolved. 8 9 For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY DENIED, without prejudice. 10 11 12 IT IS SO ORDERED. Dated: June 5, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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