Jones v. Schwartznegger et al

Filing 8

ORDER Denying 7 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 07/07/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD DAVID JONES, JR.,

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Plaintiff,
v.
SCHWARZENEGGER, et al.,
Defendants.

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Case No. 1:16-cv-00469-DAD-BAM
ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL
(Doc. 7)

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Plaintiff Edward David Jones, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil action filed on April 4, 2016. On July 15, 2016, Plaintiff filed a

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motion for appointment of counsel. Plaintiff seeks counsel on the ground that he is not an

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experienced jailhouse lawyer, he has limited education experience, and the case may raise

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complex legal and factual issues, along with issues of credibility. He also cites the limitations of

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his incarceration. Doc. 7.

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Plaintiff does not have a constitutional right to the appointment of counsel in this civil

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action. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d

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1349, 1353 (9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant

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to 28 U.S.C. § 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560

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F.3d at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this

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determination, the Court must evaluate the likelihood of success on the merits and the ability of

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Plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.
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Palmer, 560 F.3d at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at 1331.

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Neither consideration is dispositive and they must be viewed together. Palmer, 560 F.3d at 970

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(citation and quotation marks omitted); Wilborn, 789 F.2d at 1331.

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In the present case, the Court does not find the required exceptional circumstances. Even

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if it is assumed that Plaintiff is not well versed in the law and that he has made serious

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allegations which, if proved, would entitle him to relief, his case is not exceptional. The Court is

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faced with similar cases almost daily from incarcerated prisoners. Further, the Court cannot find

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a likelihood of success on the merits at this time. Plaintiff’s complaint has been dismissed for

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failure to state a claim. Although Plaintiff has been granted leave to amend, there is no operative

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complaint currently on file with the Court. Therefore, Plaintiff’s request for the appointment of

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counsel is HEREBY DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 7, 2016

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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