(PC) Williams v. Pfeiffer et al

Filing 12

ORDER DENYING 11 Motion to Appoint Counsel, signed by Magistrate Judge Barbara A. McAuliffe on 8/14/2020. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEONTRAY WILLIAMS,

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Plaintiff,

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ORDER DENYING MOTION TO APPOINT
COUNSEL

v.

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Case No. 1:20-cv-01094-BAM (PC)

PFEIFFER, et al.,

(ECF No. 11)

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Defendants.

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Plaintiff Michael Deontray Williams (“Plaintiff”) is a state prisoner proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to appoint counsel, filed August 13, 2020.

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(ECF No. 11.) In his motion, Plaintiff states that he is unable to afford counsel, and his

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imprisonment will greatly limit his ability to litigate. In addition, Plaintiff states that he has

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limited access to the law library, and coronavirus 19 (COVID-19) precautions have closed CSP

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Sacramento’s A Facility since March 2020. Plaintiff alleges there has been no law library access.

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Plaintiff further states that he receives mental health care at the EOP level and he suffers from

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auditory and visual hallucinations, traits of schizophrenia paranoid type. Plaintiff states that he

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has a TABE score of 2.9. Plaintiff has made repeated efforts to obtain a lawyer but has been

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unsuccessful. (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), 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 who are proceeding pro se and with

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limited access to the law library almost daily. Many of these prisoners also have limited

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education and receive mental health treatment. These litigants also must conduct legal research

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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. Plaintiff’s complaint has not yet been screened to

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determine whether it states cognizable claims upon which it may proceed, and based on a review

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of the record in this case, the Court does not find that Plaintiff cannot adequately articulate his

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claims.

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Finally, the Court notes that if Plaintiff continues to experience limited or no access to the

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law library at his institution, he may seek appropriate extensions of time for any applicable

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deadlines. However, at this time there are no pending deadlines in this action which would

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require Plaintiff to access the law library to conduct legal research.

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Accordingly, Plaintiff’s motion to appoint counsel, (ECF No. 11), is HEREBY DENIED,
without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 14, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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