Shehee v. Nguyen et al
Filing
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ORDER DENYING 11 Motion to Appoint Counsel, signed by Magistrate Judge Dennis L. Beck on 1/29/2015. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORY ELL SHEHEE,
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Plaintiff,
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v.
KIM NGUYEN, et al.,
1:14-cv-01154-LJO-DLB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 11)
Defendant.
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On January 26, 2015, plaintiff filed a motion seeking the appointment of counsel.
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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland,
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113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent
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plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the
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Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (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.
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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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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success
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of 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.
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Plaintiff argues that counsel should be appointed because he suffers from impaired vision. This
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alone does not make Plaintiff’s case exceptional under the Ninth Circuit’s standards discussed
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above.
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At this early stage in the proceedings, based on the Court’s record, the Court does not find
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that Plaintiff cannot adequately articulate his claims or respond to the Court’s orders. Plaintiff is
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advised that he is not precluded from renewing the motion for appointment of counsel at a later
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stage of the proceedings.
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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.
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Dated:
/s/ Dennis
January 29, 2015
UNITED STATES MAGISTRATE JUDGE
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L. Beck
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