Baker v. Cacoa et al

Filing 26

ORDER Denying Plaintiff's 25 Motion to Appoint Counsel, signed by Magistrate Judge Barbara A. McAuliffe on 6/5/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE BAKER,

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Plaintiff,

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v.
E. BEAM, et al.,

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Defendants.

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Case No.: 1:15-cv-00693-AWI-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF ATTORNEY
(ECF No. 14)

Plaintiff Mike Baker (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Currently before the Court is Plaintiff’s motion for the appointment of counsel, filed June 1,

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2017. (ECF No. 14.) Plaintiff seeks counsel based on a recent, severe injury to his right arm and hand,

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which he uses for writing, and the loss of his prescription eyeglasses. Plaintiff further contends that his

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case is meritorious, because there are eyewitnesses who are willing to testify on his behalf, and he has

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medical records which support his claims. Plaintiff attaches a declaration from an inmate stating that

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the inmate wrote Plaintiff’s motion, but Plaintiff signed the motion. Plaintiff also attaches a chrono

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dated April 27, 2017, discussing Plaintiff’s injuries. 1

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

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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), rev’d in part on other grounds, 154 F.3d 952, 954 n.1

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(9th Cir. 1998), and the court cannot require an attorney to represent plaintiff pursuant to 28 U.S.C.

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Plaintiff filed a similar motion in a related case, Baker v. Beam, et al., Case No. 1:16-cv-01737-AWI-BAM
(PC). Each motion and the record in each case were carefully evaluated in considering Plaintiff’s requests for
the appointment of counsel.

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§ 1915(e)(1). Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). However,

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in certain exceptional circumstances the court may request the voluntary assistance of counsel

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pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and

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compensating counsel, the court will seek volunteer counsel only in the most serious and exceptional

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cases. In determining whether “exceptional circumstances exist, a district court must evaluate both the

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likelihood of success on the merits [and] the ability of the [plaintiff] to articulate his claims pro se in

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light of the complexity of the legal issues involved.” Id. (internal quotation marks and citations

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omitted).

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Here, the Court does not find the required exceptional circumstances for the appointment of

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

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

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with similar cases almost daily. The legal issues in this case are not complex, and the record reflects

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that Plaintiff is able to adequately articulate his claims. Although the Court has ordered Plaintiff’s first

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amended complaint to be served, at this early stage the Court cannot find that this action is likely to

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succeed on the merits.

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As Plaintiff has been informed, to the extent his medical issues prevent him from timely

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complying with the Court’s deadlines, he may request an extension of time supported by good cause.

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Plaintiff may also continue seeking the assistance of other inmates as he has done in filing this motion.

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Accordingly, Plaintiff’s request for counsel, filed June 1, 2017 (ECF No. 25), is HEREBY
DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 5, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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