(PC) Diontae J. Duncan v. The California Healthcare Receivership Corp. et al
ORDER DENYING 12 Plaintiff's Motion for Appointment of Counsel, signed by Magistrate Judge Sheila K. Oberto on 10/14/2020. (Rivera, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DIONTAE JOHAN DUNCAN,
RECEIVERSHIP CORP., et al.,
Case No. 1:20-cv-01288-SKO (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL
Plaintiff requests the appointment of counsel to represent him in this action. (Doc. 12.)
Plaintiffs do not have a constitutional right to appointed counsel in section 1983 actions, Rand v.
Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to
represent a party under 28 U.S.C. § 1915(e)(1). See Mallard v. U.S. Dist. Court, 490 U.S. 296,
304-05 (1989). However, in “exceptional circumstances,” the Court may request the voluntary
assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.
Given that the Court has no reasonable method of securing and compensating counsel, the
Court will seek volunteer counsel only in extraordinary cases. In determining whether
“exceptional circumstances exist, a district court must evaluate both the likelihood of success on
the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the
complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted).
In the present case, the Court does not find the required exceptional circumstances. Even
assuming Plaintiff is not well versed in the law and has made serious allegations that, if proven,
would entitle him to relief, his case is not extraordinary. The Court is faced with similar cases
almost daily. In addition, at this stage in the proceedings, the Court cannot make a determination
on whether Plaintiff is likely to succeed on the merits; and, based on a review of the records in
this case, the Court does not find that Plaintiff cannot adequately articulate his claims.
Accordingly, the Court DENIES Plaintiff’s motion for the appointment of counsel without
IT IS SO ORDERED.
October 14, 2020
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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