Rivera v. Relevante
Filing
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ORDER Denying 3 Motion to Appoint Counsel signed by Magistrate Judge Sheila K. Oberto on 12/07/2017. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RUBEN RIVERA,
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Plaintiff,
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v.
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C. REVELANTE,
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1:17-cv-01615-SKO (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 3)
Defendant.
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On December 5, 2017, plaintiff filed a motion seeking the appointment of counsel.
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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland,
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113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an 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
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Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain
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exceptional circumstances the court may request the voluntary assistance of counsel pursuant to
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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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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of
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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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In the present case, the court does not find the required exceptional circumstances.
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Even if it is assumed that plaintiff is not well versed in the law and that he has made serious
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allegations which, if proved, would entitle him to relief, his case is not exceptional. This court is
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faced with similar cases almost daily. Further, at this early stage in the proceedings, the court
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cannot make a determination that plaintiff is likely to succeed on the merits, and based on a
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review of the record in this case, the court does not find that plaintiff cannot adequately articulate
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his claims. Id.
For the foregoing reasons, plaintiff=s motion for the appointment of counsel is HEREBY
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DENIED, without prejudice.
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IT IS SO ORDERED.
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Dated:
December 7, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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Sheila K. Oberto
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