Bartkett et al v. Kramer et al

Filing 42

ORDER denying Motion for Appointment of Counsel re Document 1-1 signed by Magistrate Judge Dennis L. Beck on 5/6/2015. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BARRY BARTLETT,

12
13

Plaintiff,

Case No. 1:14-cv-01932-LJO-DLB PC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
(Document 1-1)

14
15

ALLEN, et al.,
Defendants.

16
17

Plaintiff Barry Bartlett (“Plaintiff”) is a civil detainee proceeding pro se and in forma

18

pauperis in this civil rights action. On December 4, 2014, Plaintiff filed his complaint, which

19

included a motion for the appointment of counsel.

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

(citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is

28
1

1

dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation marks

2

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

3

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

4

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

5

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

6

cases almost daily. The Court is also unable to find that Plaintiff cannot articulate his claims.

7

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

8
9
10
11

IT IS SO ORDERED.
Dated:

/s/ Dennis

May 6, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2