Mario Molina v. Holland et al

Filing 58

ORDER DENYING Plaintiff's 57 Motion to Appoint Pro Bono Counsel signed by Magistrate Judge Erica P. Grosjean on 6/28/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 MARIO MOLINA, Plaintiff, 13 14 15 16 v. Case No. 1:15-cv-01260-DAD-EPG (PC) ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF PRO BONO COUNSEL (ECF NO. 57) K. HOLLAND, et al., Defendants. 17 18 19 Mario Molina (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 26, 2017, Plaintiff filed a 21 motion for appointment of pro bono counsel. (ECF No. 57). 22 Plaintiff asks for appointment of counsel because he is unable to afford counsel, because 23 he is visually impaired, because he has limited knowledge of the law, because he has limited 24 ability to speak and understand English, because he has no ability to investigate the facts of this 25 case, because this case will likely involve expert witnesses, because this case will involve 26 conflicting testimony, and because the issues involved in this case are extremely complex. 27 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 28 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 1 1 (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 2 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 3 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances 4 the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 5 113 F.3d at 1525. 6 Without a reasonable method of securing and compensating counsel, the Court will seek 7 volunteer counsel only in the most serious and exceptional cases. 8 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of 9 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 10 In determining whether complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted). 11 The Court will not order appointment of pro bono counsel at this time. The Court has 12 reviewed the record in this case, and at this time the Court cannot make a determination that 13 Plaintiff is likely to succeed on the merits of his claims. Moreover, based on the record in this 14 case, it appears that Plaintiff can adequately articulate his claims. 15 16 17 18 Plaintiff is advised that he is not precluded from renewing the motion for appointment of pro bono counsel at a later stage of the proceedings. For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for appointment of pro bono counsel is DENIED without prejudice. 19 20 21 IT IS SO ORDERED. Dated: June 28, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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