Snow v. Kay
Filing
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ORDER DENYING Plaintiff's 33 Motion for Reconsideration of the Court's December 5, 2016, Order, signed by Magistrate Judge Stanley A. Boone on 12/22/2016. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WILLIAM L. SNOW,
Plaintiff,
v.
DOCTOR SHWE,
Defendant.
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Case No.: 1:15-cv-01606-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION OF THE COURT’S
DECEMBER 5, 2016, ORDER
[ECF No. 33]
Plaintiff William L. Snow is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983. Plaintiff consented to United States Magistrate Judge jurisdiction
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pursuant to 28 U.S.C. § 636(c). (ECF No. 5.)
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Currently before the Court is Plaintiff’s motion for reconsideration of the Court’s December 5,
2016, order denying him appointment of counsel, filed December 19, 2016.
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I.
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DISCUSSION
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Reconsideration motions are committed to the discretion of the trial court. Rodgers v. Watt,
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722 F.2d 456, 460 (9th Cir. 1983) (en banc); Combs v. Nick Garin Trucking, 825 F.2d 437, 441 (D.C.
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Cir. 1987). A party seeking reconsideration must set forth facts or law of a strongly convincing nature
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to induce the court to reverse a prior decision. See, e.g., Kern-Tulare Water Dist. v. City of
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Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), aff’d in part and rev’d in part on other grounds,
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828 F.2d 514 (9th Cir. 1987).
As Plaintiff was previously advised, he does not have a constitutional right to appointed
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counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot
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require any attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States
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District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain
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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to
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section 1915(e)(1). Rand, 113 F.3d at 1525.
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).
Plaintiff has not demonstrated that the Court committed clear error, or presented the Court with
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new information of a strongly convincing nature, to induce the Court to reverse its prior decision. At
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this point in the proceedings, Plaintiff has not demonstrated that he has the required exceptional
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circumstances. Although Plaintiff contends that he is legally blind, Plaintiff fails to demonstrate that
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such circumstances have hindered his ability in prosecuting this action. Plaintiff’s reliance on “prison
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litigator’s is not an extraordinary circumstance in this instance. As stated in the Court’s December 5,
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2016, order, Plaintiff is not precluded from renewing the request for appointment of counsel at a later
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stage of the proceedings, if appropriate. (Order at 2:14-16, ECF No. 27.) Accordingly, Plaintiff’s
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motion for reconsideration of the Court’s December 5, 2016, order denying him appointment of
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counsel is denied.
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IT IS SO ORDERED.
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Dated:
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December 22, 2016
UNITED STATES MAGISTRATE JUDGE
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