Jesse Valdivia, Jr. v. Smith et al
Filing
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ORDER DENYING 3 Motion to Appoint Counsel,WITHOUT PREJUDICE, signed by Magistrate Judge Sheila K. Oberto on 07/29/2016. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JESSE VALDIVIA, JR. ,
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Plaintiff,
v.
DR. DAVID SMITH, et al.,
1:16-cv-01020 SKO (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 3)
Defendant.
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On July 15, 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). 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. Even
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if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations
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which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with
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similar cases almost daily. Further, at this early stage in the proceedings, the court cannot make a
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determination that plaintiff is likely to succeed on the merits, and based on a review of the record
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in this case, the court does not find that plaintiff cannot adequately articulate his claims. Id.
For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY
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DENIED, without prejudice.
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IT IS SO ORDERED.
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Dated:
July 29, 2016
/s/
UNITED STATES MAGISTRATE JUDGE
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Sheila K. Oberto
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