Callins v. Stainer et al
ORDER DENYING Plaintiff's Request for Appointment of Pro Bono Counsel, signed by Magistrate Judge Erica P. Grosjean on 06/30/17. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARLTON R. CALLINS,
Case No. 1:17-cv-00840-EPG (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR APPOINTMENT OF PRO BONO
(ECF NO. 1)
M. D. STAINER, et al.,
Carlton R. Callins (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983. On June 23, 2017, Plaintiff filed the complaint
commencing this action. (ECF No. 1). The complaint included a request for counsel (although
there was no explanation as to why Plaintiff believes counsel should be appointed in this case).
(Id. at 8).
Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952
(9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28
U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa,
490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances
the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand,
113 F.3d at 1525.
Without a reasonable method of securing and compensating counsel, the Court will seek
volunteer counsel only in the most serious and exceptional cases.
In determining whether
Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of
the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the
complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).
The Court will not order appointment of pro bono counsel at this time. The Court has
reviewed the record in this case, and at this time the Court cannot make a determination that Plaintiff
is likely to succeed on the merits of his claims. The complaint commencing this action was filed a
week ago. The complaint is still awaiting screening, and Plaintiff has not yet filed his application to
proceed in forma pauperis or paid the filing fee. Moreover, based on the complaint, it appears that
Plaintiff can adequately articulate his claims.
Plaintiff is advised that he is not precluded from renewing his request for appointment of pro
bono counsel at a later stage of the proceedings.
For the foregoing reasons, IT IS ORDERED that Plaintiff’s request for appointment of pro
bono counsel is DENIED without prejudice.
IT IS SO ORDERED.
June 30, 2017
UNITED STATES MAGISTRATE JUDGE
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?