Scally v. Arsaunt et al
ORDER DENYING Motion for Appointment of Counsel 30 , signed by Magistrate Judge Michael J. Seng on 9/5/17: Motion is DENIED without prejudice. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TONY EUGENE SCALLY,
1:16-cv-01237 AWI MJS (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 30)
On August 28, 2017, plaintiff filed a motion seeking the appointment of counsel.
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 Aexceptional circumstances
exist, the district court must evaluate both the likelihood of success of the merits [and]
the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the
legal issues involved.@ Id. (internal quotation marks and citations omitted).
In the present case, the court does not find the required exceptional
circumstances. Even if it is assumed that plaintiff is not well versed in the law and that he
has made serious allegations which, if proved, would entitle him to relief, his case is not
exceptional. This court is faced with similar cases almost daily. Further, at this stage in
the proceedings, the court cannot make a determination that plaintiff is likely to succeed
on the merits, and based on a review of the record 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 DENIED, without prejudice.
IT IS SO ORDERED.
September 5, 2017
UNITED STATES MAGISTRATE JUDGE
Michael J. Seng
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