Davis III v. Gibson et al

Filing 46

ORDER DENYING, Without Prejudice, Plaintiff's 45 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 12/6/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RELMON H. DAVIS, III.,

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Plaintiff,

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v.

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GIBSON, et.al.,

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Defendants.

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Case No.: 1:18-cv-00610-LJO-SAB (PC)

ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S MOTION FOR APPOINTMENT OF
COUNSEL
[ECF No. 45]

Plaintiff Relmon H. Davis, III. is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for appointment of counsel, filed December 5,

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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).

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In the present case, the Court does not find the required exceptional circumstances. Even if it

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assumed that Plaintiff is not well versed in the law and that he has made serious allegations which, if

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proved, would entitle him to relief, his case is not exceptional. The legal issues present in this action

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are not complex, and Plaintiff has thoroughly set forth his allegations in the complaint. In addition, at

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this early stage in the proceedings, the Court cannot make a determination that Plaintiff is likely to

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succeed on the merits, and based on a review of the record in this case, the Court does not find that

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Plaintiff cannot adequately articulate his claims. Id. Circumstances common to most prisoners, such as

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lack of legal education and limited law library access, do not establish exceptional circumstances that

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would warrant a request for voluntary assistance of counsel. In the present case, the Court does not find

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the required exceptional circumstances.
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:

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December 6, 2018
UNITED STATES MAGISTRATE JUDGE

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