(PC) Argel v. Godwin et al
Filing
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ORDER DENYING #7 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 06/07/2021. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN WILLIAM ARGEL,
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Plaintiff,
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
v.
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Case No. 1:21-cv-00597-NONE-BAM (PC)
GODWIN, et al.,
(ECF No. 7)
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Defendants.
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Plaintiff John William Argel (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint has not yet
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been screened.
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Currently before the Court is Plaintiff’s motion for appointment of counsel, filed June 4,
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2021. (ECF No. 7.) In his motion, Plaintiff states that he cannot afford to hire a lawyer, his
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imprisonment will greatly limit his ability to litigate this case, and the issues in this case are very
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complex. Plaintiff further argues that a lawyer is needed for issues involving the health and
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safety of Plaintiff and the general population, and to apply the law properly in briefs and before
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the Court. Plaintiff further argues that a lawyer would assist Plaintiff in the presentation of
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evidence and the cross examination of opposing witnesses. (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 who are proceeding pro se and in forma
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pauperis almost daily. These litigants also must conduct legal research and litigate their cases
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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 any cognizable claims. Finally, based on a review of the record in this
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case, the Court does not find that Plaintiff cannot adequately articulate his claims.
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Accordingly, Plaintiff’s motion to appoint counsel, (ECF No. 7), is HEREBY DENIED,
without prejudice.
IT IS SO ORDERED.
Dated:
/s/ Barbara
June 7, 2021
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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