Snow v. Kay

Filing 39

ORDER Denying, without Prejudice, Plaintiff's 38 Motion to Stay the Proceedings and Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 01/24/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM L. SNOW,

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Plaintiff,

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v.
DOCTOR SHWE,

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Defendant.

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ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S MOTION TO STAY THE
PROCEEDINGS AND APPOINT COUNSEL
[ECF No. 38]

pursuant to 42 U.S.C. § 1983.
On January 23, 2017, Plaintiff filed a request to stay the proceedings and appoint counsel in

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Case No.: 1:15-cv-01606-SAB (PC)

Plaintiff William L. Snow is appearing pro se and in forma pauperis in this civil rights action

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this action. In his motion, Plaintiff merely contends that he is blind and is in need of counsel.

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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). Circumstances common to most

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prisoners, such as lack of legal education and limited law library access, do not establish exceptional

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circumstances that would warrant a request for voluntary assistance of counsel. In the present case,

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the Court does not find that Plaintiff cannot adequately articulate his claims or respond to the Court’s

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orders. Although Plaintiff submits that he is legally blind, Plaintiff’s eyesight appears sufficient

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enough to prepare and file legal documents in this case. Plaintiff is advised that he is not precluded

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from renewing the motion for appointment of counsel at a later stage of the proceedings, if

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appropriate. Accordingly, Plaintiff’s request to stay the proceedings and appoint counsel is DENIED

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without prejudice.

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IT IS SO ORDERED.

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Dated:

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January 24, 2017
UNITED STATES MAGISTRATE JUDGE

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