(PC) Sharpe v. Sherman, et al.
Filing
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ORDER DENYING 80 Plaintiff's Motion for Appointment of Pro Bono Counsel Without Prejudice, signed by Magistrate Judge Erica P. Grosjean on 11/17/2021. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:19-cv-00711-DAD-EPG (PC)
ADAM SHARPE,
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Plaintiff,
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v.
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C. CRYER, et al.,
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ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF PRO BONO
COUNSEL WITHOUT PREJUDICE
(ECF NO. 80)
Defendants.
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Plaintiff Adam Sharpe is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action filed pursuant to 42 U.S.C. § 1983.
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On November 16, 2021, Plaintiff filed a motion for appointment of pro bono counsel.
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(ECF No. 80). Generally, Plaintiff asks for appointment of counsel because his incarceration
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limits his ability to litigate, the issues in this case are complex, and Plaintiff has limited
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knowledge of the law. (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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952
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(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. United States District Court for the Southern District of Iowa,
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490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the Court may request
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the voluntary 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 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. (citation and internal quotation marks omitted).
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The Court will not order appointment of pro bono counsel at this time. The Court has
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reviewed the record in this case, and at this time the Court is unable to determine that Plaintiff is
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likely to succeed on the merits of his claims. Moreover, it appears that Plaintiff can adequately
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articulate his claims, as evidenced, in part, by his successful opposition to Defendants’ motion for
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summary judgment. (See ECF Nos. 65, 79).
Plaintiff is advised that he is not precluded from renewing his motion for appointment of
pro bono counsel at a later stage of the proceedings.
For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for appointment of pro
bono counsel (ECF No. 80) is DENIED without prejudice.
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IT IS SO ORDERED.
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Dated:
November 17, 2021
/s/
UNITED STATES MAGISTRATE JUDGE
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