Sandoval v. California Department of Corrections and Rehabilitation

Filing 6

ORDER DENYING Motion for Appointment of Counsel 3 , signed by Magistrate Judge Barbara A. McAuliffe on 1/5/15: Motion is DENIED without prejudice. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID VERA SANDOVAL, 12 13 14 15 16 Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 1:14-cv-02038-BAM (PC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (ECF No. 3) Defendant. 17 18 Plaintiff David Vera Sandoval (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 22, 2014, 20 Plaintiff filed a motion seeking the appointment of counsel. 21 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 22 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to 23 represent plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for 24 the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in 25 certain exceptional circumstances the court may request the voluntary assistance of counsel 26 pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 27 28 Without a reasonable method of securing and compensating counsel, the court will seek volunteer counsel only in the most serious and exceptional cases. In determining whether 1 1 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success on 2 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 3 complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted). 4 In the present case, the court does not find the required exceptional circumstances. Even 5 if it is assumed that Plaintiff is not well versed in the law and that he has made serious allegations 6 which, if proved, would entitle him to relief, his case is not exceptional. Further, at this early 7 stage in the proceedings, the court cannot make a determination that Plaintiff is likely to succeed 8 on the merits, and based on a review of the record in this case, the court does not find that 9 Plaintiff cannot adequately articulate his claims. Id. 10 11 For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY DENIED without prejudice. 12 IT IS SO ORDERED. 13 14 Dated: /s/ Barbara January 5, 2015 _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. McAuliffe 2

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