Stoops v. Sherman, et al.

Filing 21

ORDER DENYING, WITHOUT PREJUDICE, Plaintiff's Second Motion for Appointment of Counsel 20 , signed by Magistrate Judge Stanley A. Boone on 6/1/17. (Hellings, J)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY STOOPS, 12 Plaintiff, 13 14 v. STUART SHERMAN, et al., 15 Defendants. 16 ORDER DENYING, WITHOUT PREJUDICE, PLAINTIFF’S SECOND MOTION FOR APPOINTMENT OF COUNSEL [ECF No. 20] pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s second motion for appointment of counsel, filed May 19 20 Case No.: 1:16-cv-01026-AWI-SAB (PC) Plaintiff Randy Stoops is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) 30, 2017. As Plaintiff was previously advised, he does not have a constitutional right to appointed 21 22 counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot 23 require an attorney to represent Plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States 24 District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain 25 exceptional circumstances the Court may request the voluntary assistance of counsel pursuant to 26 section 1915(e)(1). Rand, 113 F.3d at 1525. 27 /// 28 /// 1 1 Without a reasonable method of securing and compensating counsel, the Court will seek 2 volunteer counsel only in the most serious and exceptional cases. In determining whether Aexceptional 3 circumstances exist, the district court must evaluate both the likelihood of success of the merits [and] 4 the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues 5 involved.@ Id. (internal quotation marks and citations omitted). In the present case, the Court does not find the required exceptional circumstances. Even if it 6 7 is assumed that Plaintiff is not well versed in the law and that he has made serious allegations which, if 8 proved, would entitle him to relief, his case is not exceptional. This Court is faced with similar cases 9 almost daily. Further, at this early stage in the proceedings, the Court cannot make a determination 10 that Plaintiff is likely to succeed on the merits, and based on a review of the record in this case, the 11 Court does not find that Plaintiff cannot adequately articulate his claims. Id. For the foregoing reasons, Plaintiff=s second motion for the appointment of counsel is 12 13 HEREBY DENIED, without prejudice. 14 15 IT IS SO ORDERED. 16 Dated: 17 June 1, 2017 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?