Gaines v. CA Dept. of Corrections, et al.

Filing 6

ORDER DENYING Motion for Appointment of Counsel 3 , signed by Magistrate Judge Dennis L. Beck on 4/20/15: Motion is DENIED without prejudice. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THURMAN GAINES,

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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

1:15-cv-000587 DLB (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Document# 3)

Defendant(s).

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On April 16, 2015, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff

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does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113

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F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff

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pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern

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District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain

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exceptional circumstances, the Court may request the voluntary assistance of counsel pursuant to

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

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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. In determining whether

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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success

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of 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).
In the present case, the Court does not find the required exceptional circumstances. Even

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

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

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

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

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

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Id.

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Plaintiff also requests counsel because of an alleged mental disorder and inability to read

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and write well. While a disability may, in some situations, warrant the appointment of counsel,

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the Court will not consider such an appointment until after it has screened the complaint. The

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Court also would require current medical records to support Plaintiff’s claim of disability.

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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:

/s/ Dennis

April 20, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE
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