(PC) Huffman v. Batra et al

Filing 33

ORDER DENYING 32 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM RAY HUFFMAN,

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Plaintiff,

Case No. 1:19-cv-00655-DAD-BAM (PC)
ORDER DENYING MOTION TO APPOINT
COUNSEL

v.
(ECF No. 32)
BATRA, et al.,
Defendants.

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Plaintiff William Ray Huffman (“Plaintiff”) is a civil detainee proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained

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pursuant to the California Welfare and Institutions Code § 6600 et seq. are civil detainees and are

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not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d

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1136, 1140 (9th Cir. 2000). This action proceeds on Plaintiff’s first amended complaint against

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Defendants Batra, Withrow, and Hamerick for denial of medical care in violation of the

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substantive component of the Due Process Clause of the Fourteenth Amendment.

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Currently before the Court is Plaintiff’s motion to appoint counsel, filed November 18,

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2020. (ECF No. 32.) In his motion, Plaintiff requests appointment of counsel because he is way

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over his head in legal affairs that he knows nothing about. (Id.)

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.
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 request, but does not find the required exceptional

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circumstances. Even if it is assumed that Plaintiff is not well versed in the law and that he has

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made serious allegations which, if proved, would entitle him to relief, his case is not exceptional.

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This Court is faced with similar cases filed by prisoners and civil detainees who are proceeding

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pro se almost daily. Many of these litigants also have limited or no knowledge of the law and

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must conduct legal research and litigate their cases 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. Although Plaintiff’s complaint has been screened and

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found to state some cognizable claims, this does not alone indicate a likelihood of success on the

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merits. Finally, based on a review of the record in this case, the Court does not find that Plaintiff

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cannot adequately articulate his claims.

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Accordingly, Plaintiff’s motion to appoint counsel, (ECF No. 32), is HEREBY DENIED,
without prejudice.
IT IS SO ORDERED.
Dated:

/s/ Barbara

November 20, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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