(PC) Valenzuela v. Santiesteban et al

Filing 20

ORDER DENYING 19 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 11/20/2020. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO A. VALENZUELA,

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Plaintiff,

Case No. 1:20-cv-01093-NONE-BAM (PC)
ORDER DENYING MOTION TO APPOINT
COUNSEL

v.
(ECF No. 19)
SANTIESTEBAN, et al.,
Defendants.

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Plaintiff Mario A. Valenzuela (“Plaintiff”) is a state prisoner proceeding 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 renewed motion to appoint counsel, filed

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November 19, 2020. (ECF No. 19.) In his motion, Plaintiff states that he is requesting

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appointment of counsel because it is impossible to get access to the law library and he is currently

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part of the mental health system at the level of CCCMS. Plaintiff also received special education

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in the past, and it is impossible for him to understand the law. (Id.)

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As Plaintiff has been informed, he does not have a constitutional right to appointed

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counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), rev’d in part on

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other grounds, 154 F.3d 952, 954 n.1 (9th Cir. 1998), and the court cannot require an attorney to

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represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Court for the S. Dist.

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of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the court may
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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, 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 who are proceeding pro se almost daily.

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Many of these prisoners also have limited education and receive mental health treatment. These

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litigants also 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 renewed motion to appoint counsel, (ECF No. 19), is HEREBY
DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 20, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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