Cooper v. Igbinosa et al

Filing 12

ORDER Denying 11 Motion to Appoint Counsel signed by Magistrate Judge Dennis L. Beck on 10/21/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CRAIG B. COOPER,

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Plaintiff,

Case No. 1:14-cv-01297 LJO DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR COUNSEL

v.
(Document 11)

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IGBINOSA, et al.,

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Defendants.

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Plaintiff Craig Cooper (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August

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4, 2014.

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On October 14, 2014, Plaintiff filed a motion for appointment of counsel.

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Plaintiff does not have a constitutional right to the appointment of counsel in this action.

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Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th

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Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §

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1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970;

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Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the

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Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate

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his claims pro se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970

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(citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is
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dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation

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marks omitted); Wilborn 789 F.2d at 1331.

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In the present case, the Court does not find the required exceptional circumstances. Even if it

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is assumed that Plaintiff is not well versed in the law and that he has made serious allegations which,

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if proved, would entitle him to relief, his case is not exceptional. The Court is faced with similar

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cases almost daily. Further, at this early stage in the proceedings, the Court cannot make a

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determination that Plaintiff is likely to succeed on the merits, and based on a review of the record in

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this case, the Court does not find that Plaintiff cannot adequately articulate his claims. Palmer, 560

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F.3d at 970.

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Therefore, Plaintiff’s request for the appointment of counsel is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 21, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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