McClure v. Chen, et al.
ORDER denying 48 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 6/5/2017. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
C.K. CHEN, et al.,
On May 11, 2017, plaintiff filed a motion seeking the appointment of counsel. Plaintiff
does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113
F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff
pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern
District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989).
exceptional circumstances the court may request the voluntary assistance of counsel pursuant to
section 1915(e)(1). Rand, 113 F.3d at 1525.
However, in certain
Without a reasonable method of securing and compensating counsel, the court will seek
volunteer counsel only in the most serious and exceptional cases.
Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of
the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the
complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).
In determining whether
In the present case, the court does not find the required exceptional circumstances.
this stage in the proceedings, the court cannot make a determination that plaintiff is likely to
succeed on the merits; defendants= motion for summary judgment is now pending and may
dispose of the case. Moreover, based on the record in this case, the court does not find that
plaintiff cannot adequately articulate his claims. Therefore, plaintiff=s motion for appointment of
counsel shall be denied, without prejudice to renewal of the motion after defendants’ motion for
summary judgment has been resolved.
For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
IT IS SO ORDERED.
June 5, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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