Mendez v. United States of America et al

Filing 76

ORDER DENYING 75 Motion to Appoint Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/30/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-0555-NONE-JLT (PC)

FELIPE MENDEZ, JR.,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(Doc. 75)

UNITED STATES, et al.,
Defendant.

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Plaintiff moves for the appointment of counsel. Plaintiff does not have a constitutional

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right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997),

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and the court cannot require an attorney to represent plaintiff pursuant to 28 U.S.C. ' 1915(e)(1).

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Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109

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S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances the court may request

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the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.

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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. In determining whether

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

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of 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 not find the required exceptional circumstances. Even

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if it is assumed that Plaintiff is not well versed in the law and that he has made serious allegations

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which, if proved, would entitle him to relief, his case is not exceptional. This Court is faced with

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similar cases almost daily. Further, based on a review of the record in this case, the Court does

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not find that Plaintiff cannot adequately articulate his claims.

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For the foregoing reasons, the Court DENIES plaintiff’s motion for the appointment of
counsel.

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IT IS SO ORDERED.
Dated:

June 30, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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