Matthew V. Salinas v. Pogue et al
Filing
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ORDER DENYING Motion for Appointment of Counsel 48 , signed by Magistrate Judge Gary S. Austin on 3/1/2018: Motion is DENIED without prejudice. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:16-cv-00520- DAD- GSA (PC)
MATTHEW V. SALINAS,
Plaintiff,
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
(Document# 48)
KENNETH J. POGUE, et al,
Defendants.
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On February 28, 2018, plaintiff filed a motion seeking the appointment of counsel.
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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland,
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113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an 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
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Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (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.
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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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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of
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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.@ Id. (internal quotation marks and citations omitted).
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In the present case, the court does not find the required exceptional circumstances. At this
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stage in the proceedings, the court cannot make a determination that plaintiff is likely to succeed
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on the merits. The defendants have not been served, nor have they appeared in the case. Plaintiff
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asserts that he is unable to afford counsel, and his imprisonment will greatly limit his ability to
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litigate this case without assistance. These are not exceptional circumstances. Based on the
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record in this case, the court finds that plaintiff can adequately articulate his claims and respond
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to court orders. Further, the legal issue in this case B whether plaintiff’s rights under the ADA
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were violated -- does not appear complex. Therefore, plaintiff=s motion shall be denied without
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prejudice to renewal of the motion at a later stage of the proceedings.
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For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
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IT IS SO ORDERED.
Dated:
March 1, 2018
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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