Crowder v. Castillo et al

Filing 19

ORDER DENYING 18 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 1/31/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00851-DAD-MJS (PC)

TRISTAIN CROWDER,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Document# 18)

A. CASTILLO, et al.,
Defendant.

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On January 27, 2017, 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, 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. However, 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

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Aexceptional circumstances exist, the district court must evaluate both the likelihood of

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success of the merits [and] the ability of the [plaintiff] to articulate [her] claims pro se in

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light of the complexity of the legal issues involved.@ Id. (internal quotation marks and

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citations omitted).

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In the present case, the court does not find the required exceptional

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circumstances. Even if it is assumed that plaintiff is not well versed in the law and that

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she has made serious allegations which, if proved, would entitle her to relief, her case is

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not exceptional. This court is faced with similar cases almost daily. Further, at this early

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stage in the proceedings, the court cannot make a determination that plaintiff is likely to

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succeed on the merits, and based on a review of the record in this case, the court does

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not find that plaintiff cannot adequately articulate her claims. Id.

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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.
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Dated:

January 31, 2017

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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