Gradford v. Stanislaus County Sheriffs Department et al
Filing
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ORDER DENYING Motion for Appointment of Counsel 18 , signed by Magistrate Judge Gary S. Austin on 7/20/17: Motion is DENIED without prejudice. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:17-cv-00414 AWI GSA (PC)
WILLIAM J. GRADFORD,
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
(Document# 18)
STANISLAUS COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.
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On July 19, 2017, plaintiff filed a motion seeking the appointment of counsel. Plaintiff
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does not have a 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 an 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, 109 S.Ct. 1814, 1816 (1989).
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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to
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section 1915(e)(1). Rand, 113 F.3d at 1525.
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However, in certain
Without a reasonable method of securing and compensating counsel, the court will seek
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volunteer counsel only in the most serious and exceptional cases.
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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of
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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 determining whether
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In the present case, the court does not find the required exceptional circumstances.
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Plaintiff asserts that he is unable to afford a civil attorney, he suffers from permanent mental and
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physical disabilities, he has other lawsuits pending at this court, and the newspapers have
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published news about his complaints against deputies.
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plaintiff’s case exceptional. At this early stage in the proceedings, the court cannot make a
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determination that plaintiff is likely to succeed on the merits. Plaintiff’s complaint awaits the
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court’s screening required under 28 U.S.C. 1915. Thus, to date the court has not found any
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cognizable claims in plaintiff=s complaint for which to initiate service of process, and no other
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parties have yet appeared. The legal issues in this case B mail tampering and retaliation – do not
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appear complex, and based on a review of the record in this case, plaintiff is able to adequately
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articulate his claims. Therefore, plaintiff=s motion shall be denied without prejudice to renewal of
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the motion at a later stage of the proceedings.
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These circumstances do not make
For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY
DENIED, without prejudice.
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IT IS SO ORDERED.
Dated:
July 20, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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