Estate of Andrew S. Keel et al v. Bratton et al

Filing 9

ORDER DENYING 8 Defendant's Motion for Appointment of Counsel, signed by Magistrate Judge Jennifer L. Thurston on 10/17/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF ANDREW S. KEEL, et al.,

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Plaintiffs,

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v.
DENNIS JOHN BRATTON, et al.,
Defendants.

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Case No.: 1:14-cv-01458-LJO-JLT
ORDER DENYING DEFENDANT’S MOTION
FOR APPOINTMENT OF COUNSEL
(Doc. 8)

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On October 16, 2014, Defendant Dennis Bratton filed motion for appointment of counsel.

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(Doc. 8.) Defendant reports that “is a prisoner in Kern Valley State Prison and is currently housed in

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Ad-Seg,” with limited access to a law library. (Id. at 1-2.) Therefore, Defendant requests that the

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Court appoint counsel to help him mount a defense against the plaintiffs’ claims.

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Importantly, in most civil cases, there is no constitutional right to counsel, but the Court may

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request an attorney to represent indigent persons. 28 U.S.C. § 1915(e)(1). Defendant is advised that

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the Court cannot require representation of a party pursuant to 28 U.S.C. § 1915. Mallard v. U.S.

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District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). Nevertheless, in

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“exceptional circumstances,” the Court has discretion to request the voluntary assistance of counsel.

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Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997).

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To determine whether “exceptional circumstances exist, the district court must evaluate both the
likelihood of success of the merits [and] the ability of the [party] to articulate his claims pro se in light
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of the complexity of the legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks and

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citations omitted). Here, the action is in its early stages and there is a motion to dismiss pending before

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the Court. As a result, the Court is unable to determine the merits of the proceeding at this time.

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Further, Defendant’s motion demonstrates that he is articulate and able to state his position in an

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intelligible manner. Therefore, the Court does not find the required exceptional circumstances at this

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time.

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Accordingly, IT IS HEREBY ORDERED: Defendant’s motion for the appointment of counsel
(Doc. 8) is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated:

October 17, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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