Cochran v. Aguirre, et al.
Filing
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ORDER denying 19 Third Motion for Appointment of Counsel signed by Magistrate Judge Stanley A. Boone on 12/8/2015. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BILLY COY COCHRAN,
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Plaintiff,
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v.
E. AGUIRRE, et al.,
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Defendants.
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Case No.: 1:15-cv-01092-SAB (PC)
ORDER DENYING PLAINTIFF’S THIRD
MOTION FOR THE APPOINTMENT OF
COUNSEL, WITHOUT PREJUDICE
[ECF No. 19]
Plaintiff Billy Coy Cochran is appearing pro se in this civil rights action pursuant to 42 U.S.C.
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§ 1983.
On December 7, 2015, Plaintiff filed a third motion for the appointment of counsel. As
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Plaintiff was previously advised, he does not have a constitutional right to appointed counsel in this
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action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any
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attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District
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Court for the 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 on the
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merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the
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legal issues involved.” Id. (internal quotation marks and citations omitted).
In the present case, the Court does not find the required exceptional circumstances. Plaintiff
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claims his mental health status, which includes post-traumatic stress disorder and major depression
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warrants the appointment of counsel. Even if it assumed that Plaintiff is not well versed in the law and
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that he has made serious allegations which, if proved, would entitle him to relief, his case is not
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exceptional. This Court is faced with similar cases almost daily. On November 25, 2015, the Court
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dismissed Plaintiff’s first amended complaint, with leave to amend, for failure to state a cognizable
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claim for relief. (ECF No. 17.) Thus, 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 not find that
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Plaintiff cannot adequately articulate his claims. Id.
For the foregoing reasons, Plaintiff’s third motion for the appointment of counsel is HEREBY
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DENIED, without prejudice.
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IT IS SO ORDERED.
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Dated:
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December 8, 2015
UNITED STATES MAGISTRATE JUDGE
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