Hill v. Katavich et al

Filing 34

ORDER DENYING Motion for Appointment of Counsel 31 , signed by Magistrate Judge Jennifer L. Thurston on 11/1/17: Motion is denied with prejudice. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00631-LJO-JLT (PC)

TONY HILL,
Plaintiff,
v.

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 31)

KATAVICH, et al.,
Defendants.

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On October 26, 2017, Plaintiff filed a motion seeking the appointment of counsel.

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

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

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

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Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional

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circumstances the court may request the voluntary assistance of counsel pursuant to section

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

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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).
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The Court does not find the required exceptional circumstances in the present case.

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Further, this action has been closed for over two years. (See Docs. 18, 19.) Plaintiff appealed the

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dismissal of this action to the Ninth Circuit, but his appeal was also dismissed. (Docs. 20, 21, 26,

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27.) Plaintiff filed motions to reopen this action with this Court and as well as a motion to

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reinstate his appeal with the Ninth Circuit -- all of which have been denied. (Docs. 23, 25, 28, 29,

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30, 32. 33.) This action is no longer pending in this Court, or the Ninth Circuit, for counsel to be

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assigned to represent Plaintiff. No further relief remains available for Plaintiff via this action.

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For the foregoing reasons, Plaintiff’s motion for the appointment of counsel in this action
is DENIED, with prejudice.

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IT IS SO ORDERED.
Dated:

November 1, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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