Rives v. Matevousian et al

Filing 8

ORDER DENYING Plaintiff's 2 Motion to Appoint Counsel, without Prejudice signed by Magistrate Judge Stanley A. Boone on 4/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAWN LEE RIVES,

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Plaintiff,
v.
MATEVOUSIAN, et al.,

1:17-cv-00347-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR THE APPOINTMENT OF COUNSEL,
WITHOUT PREJUDICE
(ECF No. 2.)

Defendants.

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Plaintiff Shawn Lee Rives is a federal prisoner proceeding pro se in this civil rights action

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pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff has consented to the

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jurisdiction of a United States Magistrate Judge. (ECF No. 5.)

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Plaintiff initiated this action on March 9, 2017, at which time he filed a complaint. (ECF

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No. 1.) Plaintiff also filed a motion for the appointment of counsel on that same date. (ECF No.

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2.) In support of his request, Plaintiff states that his imprisonment will limit his ability to litigate,

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his case is complex, and he has limited law library access and limited legal knowledge. Plaintiff

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further contends that counsel would better enable him to present evidence at a trial.

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There is no 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 any 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 (1989). However, in certain exceptional circumstances the

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court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113

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F.3d at 1525. Without a reasonable method of securing and compensating counsel, the court will

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seek volunteer counsel only in the most serious and exceptional cases. In determining whether

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“exceptional circumstances exist, the district court must evaluate both the likelihood of success

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on 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 find that neither the interests of justice nor exceptional

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circumstances warrant appointment of counsel at this time. LaMere v. Risley, 827 F.2d 622, 626

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(9th Cir. 1987); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). Circumstances common

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to most prisoners, such as lack of legal education and limited law library access, do not establish

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exceptional circumstances that would warrant a request for voluntary assistance of counsel. While

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a pro se litigant may be better served with the assistance of counsel, so long as a pro se litigant,

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such as Plaintiff in this instance, is able to “articulate his claims against the relative complexity of

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the matter,” the “exceptional circumstances” which might require the appointment of counsel do

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not exist. Rand v. Rowland, 113 F.3d at 1525 (finding no abuse of discretion under 28 U.S.C. §

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1915(e) when district court denied appointment of counsel despite fact that pro se prisoner “may

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well have fared better-particularly in the realm of discovery and the securing of expert

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testimony.”) Plaintiff’s allegations of inadequate medical care are not exceptional, and at this

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early stage in the action, the Court cannot find any likelihood of success on the merits.
Accordingly, Plaintiff’s motion for appointment of counsel is denied, without prejudice.

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IT IS SO ORDERED.
Dated:

April 14, 2017
UNITED STATES MAGISTRATE JUDGE

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