Keller v. N.K.S.P.

Filing 6

ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Erica P. Grosjean on 5/5/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00613-EPG (PC)

JOHN KELLER,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Document# 3)

N. K. S. P. ,
Defendant.

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On May 2, 2016, Plaintiff filed a motion seeking the appointment of counsel. Plaintiff

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does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113

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F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff

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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, 109 S.Ct. 1814, 1816 (1989).

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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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However, in certain

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.

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Aexceptional circumstances exist, the district Court must evaluate both the likelihood of success

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of 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 determining whether

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Plaintiff states that he has an Eighth Grade education, suffers from mental illness, and

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lacks skills in the law. This alone does not make Plaintiff’s case exceptional. At this early stage

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in the proceedings, the Court cannot make a determination that Plaintiff is likely to succeed on the

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merits. Plaintiff filed the Complaint on May 2, 2016, less than a week ago, and the Complaint

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awaits the Court=s screening required under 28 U.S.C. 1915. Thus, to date the Court has not

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found any cognizable claims in Plaintiff=s Complaint for which to initiate service of process, and

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no other parties have yet appeared.

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prejudice to renewal of the motion at a later stage of the proceedings.

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Therefore, Plaintiff=s motion shall be denied without

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:

May 5, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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