Baker v. Beam et al
Filing
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ORDER DENYING Plaintiff's 14 Motion for Appointment of Attorney signed by Magistrate Judge Barbara A. McAuliffe on 6/5/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MIKE BAKER,
Plaintiff,
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v.
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E. BEAM, et al.,
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Defendants.
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Case No.: 1:16-cv-01737-AWI-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF ATTORNEY
(ECF No. 14)
Plaintiff Mike Baker (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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Currently before the Court is Plaintiff’s motion for the appointment of counsel, filed June 1,
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2017. (ECF No. 14.) Plaintiff states that he was injured in an incident on April 19, 2017, causing nerve
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damage in numbness in his right arm and hand, which is the hand he uses for writing. His medical
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provides say his nerves may heal, but the estimated time is not known. Plaintiff also had his
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prescription eyeglasses confiscated, and he expects a new pair will take 2-3 months to be provided.
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In support of his motion, Plaintiff attaches a declaration from an inmate stating that the inmate
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wrote Plaintiff’s motion, but Plaintiff signed the motion himself. Plaintiff also attaches a chrono dated
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April 27, 2017 discussing that Plaintiff was placed in ASU due to being a victim in an incident on
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April 19, 2017, and was transported to an outside medical facility for treatment for his injuries.
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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), rev’d in part on other grounds, 154 F.3d 952, 954 n.1
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(9th Cir. 1998), and the court cannot require an attorney to represent plaintiff pursuant to 28 U.S.C.
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§ 1915(e)(1). Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). However,
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in certain exceptional circumstances the court may request the voluntary assistance of counsel
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pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. Without a reasonable method of securing and
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compensating counsel, the court will seek volunteer counsel only in the most serious and exceptional
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cases. In determining whether “exceptional circumstances exist, a district court must evaluate both the
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likelihood of success on the merits [and] the ability of the [plaintiff] to articulate his claims pro se in
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light of the complexity of the legal issues involved.” Id. (internal quotation marks and citations
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omitted).
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Here, the Court does not find the required exceptional circumstances for the appointment of
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counsel. The legal issues in this case are not complex, and the record reflects that Plaintiff is able to
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adequately articulate his claims. Furthermore, this case is at the screening stage, the Court having most
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recently found that Plaintiff’s first amended complaint has stated some cognizable claims. At this early
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stage in the litigation, the Court cannot find that this action is likely to succeed on the merits.
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Finally, although Plaintiff’s medical condition may require reasonable accommodations, the
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Court does not find that Plaintiff’s current medical issues are a sufficient basis for appointing counsel
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under these circumstances. Plaintiff may request an extension of time to meet deadlines in this matter
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if necessary by filing a motion before the deadline expires, supported by good cause. Plaintiff may
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also continue seeking the assistance of other inmates as he has done in filing this motion.
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Accordingly, Plaintiff’s request for counsel, filed June 1, 2017 (ECF No. 14), is HEREBY
DENIED, without prejudice.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 5, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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