Stevens v. Beard et al
Filing
9
ORDER DENYING, Without Prejudice, 7 Plaintiff's Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 8/22/2017. (Jessen, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
LYRALISA LAVENA STEVENS,
12
Plaintiff,
13
14
v.
JEFFREY BEARD, et al.,
15
Defendants.
16
ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S MOTION FOR APPOINTMENT
OF COUNSEL
[ECF No. 7]
action pursuant to 42 U.S.C. § 1983.
Plaintiff filed the instant action on July 28, 2017. On August 21, 2017, Plaintiff filed a motion
19
20
Case No.: 1:17-cv-01002-SAB (PC)
Plaintiff Lyralisa Lavena Stevens is appearing pro se and in forma pauperis in this civil rights
17
18
)
)
)
)
)
)
)
)
)
)
for appointment of counsel.
21
Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
22
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require any attorney to represent
23
plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern
24
District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the Court
25
may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at
26
1525.
27
///
28
///
1
Without a reasonable method of securing and compensating counsel, the court will seek
1
2
volunteer counsel only in the most serious and exceptional cases. In determining whether
3
“exceptional circumstances exist, the district court must evaluate both the likelihood of success on the
4
merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the
5
legal issues involved.” Id. (internal quotation marks and citations omitted).
The test for exceptional circumstances requires the Court to evaluate the Plaintiff’s likelihood
6
7
of success on the merits and the ability of the Plaintiff to articulate his claims pro se in light of the
8
complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.
9
1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances common to most
10
prisoners, such as lack of legal education and limited law library access, do not establish exceptional
11
circumstances that would warrant a request for voluntary assistance of counsel. In the present case,
12
the Court does not find the required exceptional circumstances. Accordingly, Plaintiff’s motion for
13
appointment of counsel will be DENIED without prejudice.
14
15
IT IS SO ORDERED.
16
Dated:
17
August 22, 2017
UNITED STATES MAGISTRATE JUDGE
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?