Williams v. Alcala et al

Filing 13

ORDER DENYING, Without Prejudice, Plaintiff's 12 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 9/7/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. WILLIAMS,

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Plaintiff,

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v.
GERARDO ALCALA, et al.,

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Defendants.

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ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S MOTION FOR APPOINTMENT
OF COUNSEL
[ECF No. 12]

pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for appointment of counsel, filed September 1,

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Case No.: 1:17-cv-00916-SAB (PC)

Plaintiff Robert C. Williams is appearing pro se and in forma pauperis in this civil rights action

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2017.

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.

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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any attorney to represent

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plaintiff 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 (1989). However, in certain exceptional circumstances the court

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

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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 on the

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merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the

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legal issues involved.” Id. (internal quotation marks and citations omitted).
In the present case, the Court does not find the required exceptional circumstances. Plaintiff

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contends, among other things, that his mental health condition makes it difficult for him to effectively

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prosecute this action. While Plaintiff has attached documentation demonstrating that he has a

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disability under the Americans with Disabilities Act and he receives mental health treatment, the Court

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does not find that the exceptional factors necessary to justify appointment of counsel exist in this case,

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at the present time. Plaintiff’s current motion demonstrates that Plaintiff understands the process and

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how to file documents. Furthermore, the Court cannot evaluate the likelihood of success of the merits

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at this juncture, and the record in this case demonstrates sufficient writing ability and legal knowledge

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to articulate the claims asserted. Moreover, circumstances common to most prisoners, such as lack of

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legal education and limited law library access, do not establish exceptional circumstances that would

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warrant a request for voluntary assistance of counsel. Accordingly, Plaintiff’s motion for appointment

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of counsel is denied, without prejudice.

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IT IS SO ORDERED.

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Dated:

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September 7, 2017
UNITED STATES MAGISTRATE JUDGE

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