Garrett v. Igbinosa
ORDER DENYING Motion for Appointment of Counsel 42 signed by Magistrate Judge Michael J. Seng on 3/13/2018. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES JAMIL GARRETT,
CASE No. 1:16-cv-00259-MJS (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 42)
DR. NGOZI IGBINOSA,
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.
Before the Court is Plaintiff’s motion for appointment of counsel. (ECF No. 42.)
Plaintiff does not have a constitutional right to appointed counsel in this action,
Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an
attorney to represent Plaintiff pursuant to 28 U.S.C. ' 1915(e)(1), Mallard v. United
States District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). In
certain exceptional circumstances the court may request the voluntary assistance of
counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.
Without a reasonable method of securing and compensating counsel, the Court
will seek volunteer counsel only in the most serious and exceptional cases. In
determining whether exceptional circumstances exist, the district court must evaluate
both the likelihood of success of the merits [and] the ability of the [plaintiff] to articulate
his claims pro se in light of the complexity of the legal issues involved. Id. (internal
quotation marks and citations omitted).
In the present case, the Court again does not find the required exceptional
circumstances. Even if it is assumed, as Plaintiff claims, that he is not well versed in the
law and that he has made serious allegations which, if proved, would entitle him to relief,
his case is not exceptional. This Court is faced with similar cases almost daily. Further,
at this stage in the proceedings, the Court cannot make a determination that Plaintiff is
likely to succeed on the merits. And, based on a review of the record in this case, even
though the issues are complex, the court does not find that Plaintiff cannot adequately
articulate his claims. Id.
Accordingly Plaintiff’s motion is HEREBY DENIED.
IT IS SO ORDERED.
March 13, 2018
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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