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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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On May 26, 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). However, in certain

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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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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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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 the present case, the court does not find the required exceptional circumstances. At this

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early stage in the proceedings, the court cannot make a determination that plaintiff is likely to

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succeed on the merits. Plaintiff filed the complaint on April 21, 2017, and the complaint awaits

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the 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. Moreover, based on a review of the record in this case, the court finds

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that Plaintiff can adequately articulate his claims. Therefore, Plaintiff=s motion shall be denied

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without prejudice to renewal of the motion at a later stage of the proceedings.

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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:

June 1, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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