Maldonado v. Alfaro et al

Filing 7

ORDER DENYING 2 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 6/16/2015. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(ECF No. 2)

SANDRA ALFARO, et al.,

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1:15-cv-00836-MJS (PC)

MICHAEL MALDONALDO,

Defendants.
On June 2, 2015, plaintiff filed a motion seeking the appointment of counsel.
(ECF No. 2.)
Plaintiff does not have a constitutional right to appointed counsel in this action,
Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an
attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1), Mallard v. United
States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). In
certain exceptional circumstances the court may request the voluntary assistance of
counsel pursuant to § 1915(e)(1). Rand, 113 F.3d at 1525. However, 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

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

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success of the merits and the ability of the plaintiff to articulate his claims pro se in light

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of the complexity of the legal issues involved. Id. (citations omitted).

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In the present case, the court does not find the required exceptional

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circumstances. Even if it is assumed that plaintiff is not well versed in the law and that

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he has made serious allegations which, if proved, would entitle him to relief, his case is

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not exceptional. This court is faced with similar cases almost daily. Further, at this early

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stage in the proceedings, the court cannot make a determination that plaintiff is likely to

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succeed on the merits, and based on a review of the record in this case, the court does

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not find that plaintiff cannot adequately articulate his claims. Id.

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For the foregoing reasons, plaintiff’s motion for the appointment of counsel is
HEREBY DENIED, without prejudice.

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IT IS SO ORDERED.
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Dated:

June 16, 2015

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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