Dotson v. Adams et al

Filing 6

ORDER Denying 3 Motion to Appoint Counsel, signed by Magistrate Judge Barbara A. McAuliffe on 9/13/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWINA DOTSON,

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Plaintiff,
v.
DARREL ADAMS, et al.,

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Defendants.

Case No.: 1:17-cv-01199-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO APPOINT COUNSEL, WITHOUT
PREJUDICE
(ECF No. 3)

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Plaintiff is appearing pro se and in forma pauperis in this civil rights action pursuant to 42
U.S.C. § 1983.

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On September 7, 2017, Plaintiff filed a motion requesting the appointment of counsel, on

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the basis of no legal background, the inability to afford counsel, the limitations of imprisonment,

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limited law library access, and the fact that counsel could better present evidence and cross

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examine witnesses. (ECF No. 3.)

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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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952

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n.1 (9th Cir. 1998). The Court cannot require an attorney to represent Plaintiff pursuant to 28

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U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa,

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490 U.S. 296, 298, 109 S. Ct. 1814, 1816 (1989). However, in certain exceptional circumstances,

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the Court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand,
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113 F.3d at 1525. Without a reasonable method of securing and compensating counsel, the Court

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will seek volunteer counsel only in the most serious and exceptional cases. In determining

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whether “exceptional circumstances exist, the district court must evaluate both the likelihood of

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

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the 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, and

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Plaintiff has not identified any circumstances warranting appointment of counsel. Circumstances

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common to most prisoners, such as lack of legal education and limited law library access, do not

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establish exceptional circumstances that would warrant a request for voluntary assistance of

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counsel. Further, at this early stage in the litigation, where the Court has not yet screened

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Plaintiff’s complaint, the Court cannot make a determination that Plaintiff is likely to succeed on

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the merits.

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For these reasons, Plaintiff’s request for the appointment of counsel is HEREBY
DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 13, 2017

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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