Petillo v. Galliger et al
Filing
62
ORDER DENYING 59 Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 12/10/2021. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ISAIAH J. PETILLO,
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Plaintiff,
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vs.
1:18-cv-00217-NONE-GSA-PC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 59.)
GALLIGER, et al.,
Defendants.
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On December 6, 2021, 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 (1989).
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circumstances the Court may request the voluntary assistance of counsel pursuant to section
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1915(e)(1). Rand, 113 F.3d at 1525.
However, in certain exceptional
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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
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of 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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Defendants have filed a motion for summary judgment to dismiss this case based on Plaintiff’s
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failure to exhaust administrative remedies, which makes it unlikely that Plaintiff will succeed on
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the merits. Plaintiff’s claims for excessive force, failure to protect, and retaliation are not
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complex, and a review of the record in this case shows that Plaintiff is responsive, adequately
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communicates, and is able to articulate his claims.
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Accordingly, for the foregoing reasons, Plaintiff’s motion for the appointment of counsel
is HEREBY DENIED, without prejudice.
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IT IS SO ORDERED.
Dated:
December 10, 2021
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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