Dixon v. Barnes, et al.

Filing 12

ORDER DENYING 10 Motion to Appoint Counsel, WITHOUT PREJUDICE, signed by Magistrate Judge Gary S. Austin on 06/1/17. (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:17-cv-00562 AWI-GSA (PC) NORMAN DIXON, Plaintiff, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. (Document# 10) RON BARNES, et al., Defendants. 16 17 On May 26, 2017, plaintiff filed a motion seeking the appointment of counsel. Plaintiff 18 does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 19 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff 20 pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern 21 District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain 22 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to 23 section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether 26 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of 27 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 28 complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted). 1 1 In the present case, the court does not find the required exceptional circumstances. At this 2 early stage in the proceedings, the court cannot make a determination that plaintiff is likely to 3 succeed on the merits. Plaintiff filed the complaint on April 21, 2017, and the complaint awaits 4 the court=s screening required under 28 U.S.C. 1915. Thus, to date the court has not found any 5 cognizable claims in Plaintiff=s complaint for which to initiate service of process, and no other 6 parties have yet appeared. Moreover, based on a review of the record in this case, the court finds 7 that Plaintiff can adequately articulate his claims. Therefore, Plaintiff=s motion shall be denied 8 without prejudice to renewal of the motion at a later stage of the proceedings. 9 10 For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY DENIED, without prejudice. 11 12 13 IT IS SO ORDERED. Dated: June 1, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?