Hardin v. Wilson et al

Filing 8

ORDER DENYING 7 Plaintiff's Motion for Appointment of Counsel, signed by Magistrate Judge Jennifer L. Thurston on 2/12/2018. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY T. HARDIN,

12

Plaintiff,

13
14
15

v.
DAVID WILSON, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-1232-LJO - JLT
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 7)

16
17

On January 16, 2018, Jeffrey Hardin filed a request for appointment of counsel, asserting he

18

does “not understand how to further [his] case without representation” and needs a lawyer. (Doc. 7 at

19

2) In addition, Plaintiff asserts he lacks “physical access to a law library” and is limited to five legal

20

research information forms every 60 days. (Id.) However, Plaintiff also acknowledges that he has a

21

lawyer for his criminal case, who advised him to not file this action. (Id.)

22

Significantly, in most civil cases, there is no constitutional right to counsel in most civil cases,

23

but the Court may request an attorney to represent indigent persons. 28 U.S.C. § 1915(e)(1). The

24

Court cannot require representation of a plaintiff pursuant to 28 U.S.C. § 1915. Mallard v. U.S.

25

District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). Nevertheless, in

26

“exceptional circumstances,” the Court has discretion to request the voluntary assistance of counsel.

27

Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997).

28

To determine whether “exceptional circumstances exist, the district court must evaluate both the
1

1

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

2

light of the complexity of the legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks

3

and citations omitted). Here, Plaintiff has demonstrated he is able to respond to the Court’s orders. In

4

addition, Plaintiff is very articulate and was able to state his position in an intelligible manner before

5

the Court. Therefore, the requisite exceptional circumstances do not exist.

6
7

Accordingly, the Court ORDERS: Plaintiff’s request for the appointment of counsel (Doc. 7) is
DENIED without prejudice.

8
9
10
11

IT IS SO ORDERED.
Dated:

February 12, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2