Martinez v. Davey

Filing 95

ORDER DENYING Plaintiff's 94 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 8/2/2021. (Marrujo, C)

Case 1:16-cv-01658-JLT Document 95 Filed 08/03/21 Page 1 of 2
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RICARDO MARTINEZ,

12
13
14
15

Plaintiff,
v.
D. DAVEY, et al.,

Case No.: 1:16-cv-01658-JLT (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
COUNSEL
(Doc. 94)

Defendants.

16
17

On July 29, 2021, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 94.)

18

The Court previously appointed a pro bono attorney for the limited purpose of drafting and filing

19

a fifth amended complaint. (See Doc. 51.) However, under the present posture of the case, the

20

Court does not find appointment of counsel appropriate.

21

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

22

Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to

23

represent Plaintiff under 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa,

24

490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under

25

section 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and

26

compensating counsel, the Court will seek volunteer counsel only in the most serious and

27

exceptional cases. In determining whether exceptional circumstances exist, the district court must

28

evaluate both the likelihood of success of the merits and the ability of the plaintiff to articulate his

Case 1:16-cv-01658-JLT Document 95 Filed 08/03/21 Page 2 of 2
1

claims pro se in light of the complexity of the legal issues involved. Id.

2

The Court does not find the required exceptional circumstances exist in this case. Plaintiff,

3

acting pro se, has already filed a response to Defendants’ motion for summary judgment, which is

4

currently being considered. Accordingly, the Court DENIES WITHOUT PREJUDICE

5

Plaintiff’s motion for appointment of counsel. (Doc. 94.)

6
7
8

IT IS SO ORDERED.
Dated:

August 2, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2