Huapaya v. Davey et al
Filing
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ORDER DENYING Plaintiff's 34 Motion for Appointment Counsel, Without Prejudice, signed by Magistrate Judge Stanley A. Boone on 12/28/18. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ENRIQUE HUAPAYA,
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Plaintiff,
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v.
D. DAVEY, et al.,
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Defendants.
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ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL, WITHOUT
PREJUDICE
[ECF No. 34]
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for appointment of counsel, filed December
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Case No. 1:17-cv-01441-DAD-SAB (PC)
Plaintiff Enrique Huapaya is appearing pro se and in forma pauperis in this civil rights action
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26, 2018.
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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).
The test for exceptional circumstances requires the Court to evaluate the Plaintiff’s likelihood
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of success on the merits and the ability of the Plaintiff to articulate his claims pro se in light of the
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complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.
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1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances common to most
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prisoners, such as lack of legal education and limited law library access, do not establish exceptional
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circumstances that would warrant a request for voluntary assistance of counsel. In the present case,
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the Court does not find the required exceptional circumstances, and Plaintiff has adequately set forth
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his claims in the operative complaint. Accordingly, Plaintiff’s motion for appointment of counsel will
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be DENIED without prejudice.
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IT IS SO ORDERED.
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Dated:
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December 28, 2018
UNITED STATES MAGISTRATE JUDGE
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