Pulido v. Lunes et al

Filing 32

ORDER DENYING 31 Motion to Appoint Counsel signed by Magistrate Judge Erica P. Grosjean on 2/24/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-01174-DAD-EPG (PC)

JOSE J. PULIDO,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(ECF No. 31.)

M. LOUNES, et al.,
Defendants.

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On February 16, 2016, 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 (1989).

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circumstances the Court may request the voluntary assistance of counsel pursuant to section

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1915(e)(1). Rand, 113 F.3d at 1525.

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However, in certain exceptional

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.

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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 determining whether

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In the present case, Plaintiff argues that despite his efforts, he has been unable to find

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counsel willing to represent him. Plaintiff also argues that he is disabled due to gunshot wounds,

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suffers from severe chronic pain, and takes strong pain medication which makes him drowsy.

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Plaintiff also argues that he suffers from mental issues and takes psychiatric medication which

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affects his state of mind and causes heavy drowsiness and lack of focus. Plaintiff asserts that he

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is not well educated or knowledgeable about litigation.

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Plaintiff’s health issues and lack of knowledge alone do not make Plaintiff’s case

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exceptional. While the Court has found that “Plaintiff’s allegations that Defendants failed to

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protect him are sufficient to state a claim under the Eighth Amendment,” this finding is not a

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determination that Plaintiff is likely to succeed on the merits.

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Plaintiff’s claims do not appear complex, and based on a review of the record in this case, it

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appears that Plaintiff can adequately articulate his claims. Thus, the Court does not find the

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(ECF No. 12 at 3:15-16.)

required exceptional circumstances, and Plaintiff’s motion shall be denied without 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.
IT IS SO ORDERED.

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Dated:

February 24, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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