Maraglino v. Espinosa et al

Filing 6

ORDER DENYING 3 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOROTHY GRACE MARIE
MARAGLINO,
Plaintiff,

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v.

Case No. 1:17-cv-01535-BAM (PC)
ORDER DENYING MOTION TO APPOINT
COUNSEL
(ECF No. 3)

J. ESPINOSA, et al.,
Defendants.
Plaintiff Dorothy Grace Marie Maraglino (“Plaintiff”) is a state prisoner proceeding pro se

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in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s

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motion to appoint counsel, filed November 17, 2017. (ECF No. 3.)

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Plaintiff states that she is unable to afford counsel. Plaintiff further states that her

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imprisonment will greatly limit her ability to litigate, the issues in this case are complex and will

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require significant research and investigation, she has limited access to the law library, and

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limited knowledge of the law. Plaintiff argues that counsel in this case would better enable

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Plaintiff to present evidence and cross examine witnesses at trial. (Id.)

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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), rev’d in part on other grounds, 154 F.3d 952, 954

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n.1 (9th Cir. 1998), and the court cannot require an attorney to represent plaintiff pursuant to 28

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U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 298
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(1989). However, in certain exceptional circumstances the court may request the voluntary

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assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 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, a district court must evaluate both the likelihood of success on

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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.” Id. (internal quotation marks and citations omitted).

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The Court has considered Plaintiff’s motion for the appointment of counsel, but does not
find the required exceptional circumstances. Even if it is assumed that Plaintiff is not well versed

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in the law and that she has made serious allegations which, if proved, would entitle her to relief,

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his case is not exceptional. This Court is faced with similar cases filed by prisoners proceeding

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pro se and in forma pauperis almost daily. These prisoners also must conduct legal research and

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prosecute claims without the assistance of counsel.

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Furthermore, at this stage in the proceedings, the Court cannot make a determination that

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Plaintiff is likely to succeed on the merits. Plaintiff complaint has not been screened, and thus the

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case does not yet proceed on any cognizable claims. Also, based on a review of the limited record

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in this case, the Court does not find that Plaintiff cannot adequately articulate her claims.

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For the foregoing reasons, Plaintiff’s motion to appoint counsel (ECF No. 3) is DENIED,
without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 20, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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