Cochran v. Aguirre, et al.
Filing
51
ORDER DENYING Without Prejudice, Plaintiff's Fifth 50 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 9/14/16. (Marrujo, C)
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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,
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Defendant.
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ORDER DENYING WITHOUT PREJUDICE,
PLAINTIFF’S FIFTH MOTION FOR THE
APPOINTMENT OF COUNSEL
[ECF No. 50]
§ 1983.
Currently before the Court is Plaintiff’s fifth motion for the appointment of voluntary counsel,
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Case No.: 1:15-cv-01092-AWI-SAB (PC)
Plaintiff Billy Coy Cochran is appearing pro se in this civil rights action pursuant to 42 U.S.C.
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filed September 12, 2016.
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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), and the court cannot require any 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 Southern
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District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the court
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may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at
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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).
The test for exceptional circumstances requires the Court to evaluate the Plaintiff’s likelihood
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of success on 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. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.
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1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Plaintiff has not demonstrated new or
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different circumstances to merit appointment of counsel in this case, and Plaintiff simply presents the
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same arguments previously considered by the Court in denying his prior motions for appointment of
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counsel. Circumstances common to most prisoners, such as lack of legal education and limited law
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library access, do not establish exceptional circumstances that would warrant a request for voluntary
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assistance of counsel. Furthermore, appointment of counsel is not necessary for the parties to conduct
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effective discovery. In the present case, the Court does not find the required exceptional
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circumstances. Accordingly, Plaintiff’s fifth motion for appointment of counsel will be DENIED
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without prejudice.
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IT IS SO ORDERED.
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Dated:
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September 14, 2016
UNITED STATES MAGISTRATE JUDGE
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