Pullett v. Castellanos et al

Filing 16

ORDER DENYING 14 Motion to Appoint Counsel, signed by Chief Judge Ralph R. Beistline on 11/24/15. (Marrujo, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DELL PULLETT,
Case No. 1:15-cv-00755-RRB
Plaintiff,
ORDER DENYING MOTION
TO APPOINT COUNSEL

vs.
J. CASTELLANOS, et al.,
Defendants.

At DOCKET 14 Plaintiff Dell Pullett, a state prisoner appearing in forma pauperis
and pro se, has requested the Court appoint counsel.
Generally, a state prisoner has no right to counsel in civil actions.1 “However, a
court may under exceptional circumstances appoint counsel for indigent civil litigants
pursuant to 28 U.S.C. § 1915(e)(1). When determining whether exceptional circumstances
exist, a court must consider the likelihood of success on the merits as well as the ability of
the petitioner to articulate his claims pro se in light of the complexity of the legal issues
involved. Neither of these considerations is dispositive, instead they must be viewed
together.”2

1

See Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981) (holding that there
is no constitutional right to appointed counsel for § 1983 claims).
2

Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (citations and internal
quotation marks omitted).
ORDER DENYING MOTION TO APPOINT COUNSEL
Pullett v. Castellanos, 1:15-cv-00755-RRB – 1

In this case Pullett seeks appointment of counsel to facilitate obtaining access to
certain information contained in the records of the California Substance Abuse Treatment
Facility (“CSATF”) that he contends is necessary to formulate his amended complaint.
Unfortunately for Pullett, at this stage of the proceedings counsel would have no greater
right of access to the records of CSATF than does Pullett himself. Therefore, there is no
need at this stage to appoint counsel.
Accordingly the Motion to Appoint Counsel at DOCKET 14 is DENIED.
IT IS SO ORDERED this 24th day of November, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER DENYING MOTION TO APPOINT COUNSEL
Pullett v. Castellanos, 1:15-cv-00755-RRB – 2