Trujillo v. Munoz

Filing 94

ORDER DENYING 88 Plaintiff's Motion for Appointment of Pro Bono Counsel Without Prejudice, signed by Magistrate Judge Erica P. Grosjean on 9/11/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,
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Plaintiff,
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v.
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MUNOZ and ALVAREZ,

Case No. 1:14-cv-00976-LJO-EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF PRO BONO
COUNSEL WITHOUT PREJUDICE
(ECF NO. 88)

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Defendants.
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Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On September 9, 2019, Plaintiff filed a motion for appointment of pro bono counsel.

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(ECF No. 88). Plaintiff asks for appointment of counsel because he cannot afford to hire a

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lawyer; because his imprisonment will greatly limit his ability to litigate; because the issues in

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this case are complex; because Plaintiff has limited access to the law library and limited

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knowledge of the law; because a trial will likely involve conflicting testimony, and a lawyer

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would be able to assist Plaintiff in the presentation of evidence and cross-examination of

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witnesses; and because, despite repeated attempts to retain a lawyer, Plaintiff has been unable to

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find representation.

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952

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(9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28

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U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa,

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490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the Court may request

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the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.

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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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“exceptional circumstances exist, a 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. (citation and internal quotation marks omitted).

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The Court will not order appointment of pro bono counsel at this time. The Court has

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reviewed the record in this case, and at this time the Court is unable to make a determination that

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Plaintiff is likely to succeed on the merits of his claims. Moreover, it appears that Plaintiff can

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adequately articulate his claims.

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Plaintiff is advised that he is not precluded from renewing his motion for appointment of
pro bono counsel at a later stage of the proceedings.
For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for appointment of pro
bono counsel is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

September 11, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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