(PC) Santos Rodriguez v. Santoro
Filing
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ORDER DENYING #4 Motion to Appoint Counsel signed by Magistrate Judge Helena M. Barch-Kuchta on 9/7/2021. (Jessen, A)
Case 1:21-cv-01263-HBK Document 6 Filed 09/08/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SANTOS RODRIGUEZ,
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Plaintiff,
Case No. 1:21-cv-01263-HBK (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO APPOINT COUNSEL
v.
(Doc. No. 4)
KELLY SANTORO, Warden at North
Kern State Prison,
Defendant.
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Plaintiff Santos Rodriguez is a former state prisoner proceeding on his complaint filed
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pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Pending before the Court is Plaintiff’s construed
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motion seeking appointment of counsel filed September 3, 2021. (Doc. No. 4).
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The United States Constitution does not require appointment of counsel in civil cases. See
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Lewis v. Casey, 518 U.S. 343, 354 (1996) (explaining Bounds v. Smith, 430 U.S. at 817, did not
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create a right to appointment of counsel in civil cases). This Court has discretionary authority
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under 28 U.S.C. § 1915 to appoint counsel for an indigent to commence, prosecute, or defend a
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civil action. See 28 U.S.C. § 1915(e)(1) (stating the court has authority to appoint counsel for
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people unable to afford counsel); see also United States v. McQuade, 519 F.2d 1180 (9th Cir.
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1978) (addressing relevant standard of review for motions to appoint counsel in civil cases) (other
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citations omitted). However, motions to appoint counsel in civil cases are granted only in
Case 1:21-cv-01263-HBK Document 6 Filed 09/08/21 Page 2 of 2
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“exceptional circumstances.” Id. at 1181. The Court may consider many factors to determine if
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exceptional circumstances warrant appointment of counsel including, but not limited to, proof of
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indigence, the likelihood of success on the merits, and the ability of the plaintiff to articulate his
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or her claims pro se in light of the complexity of the legal issues involved. Id.; see also Rand v.
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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds on reh’g en
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banc, 154 F.2d 952 (9th Cir. 1998). The Court “is not required to articulate reasons for denying
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appointment of counsel if the reasons are clear from the record.” Johnson v. United States Dept.
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of Treasury, 939 F.2d 820, 824 (9th Cir.1991).
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Plaintiff’s motion seeking appointment of counsel consists of a single sentence: “I’d like
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to request a lawyer under these completely new and different circumstances of this technology.”
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(Doc. No. 4). Due to the brevity of the motion, the Court cannot discern what “technology” or
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circumstances are challenging Plaintiff. Normal challenges faced by pro se litigants do not
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warrant appointment of counsel. Siglar v. Hopkins, 822 F. App'x 610, 612 (9th Cir. 2020)
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(denying appointment of counsel because the plaintiff’s “circumstances were not exceptionally
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different from the majority of the challenges faced by pro se litigants.”) Unfamiliarity with the
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law is a common challenge for pro se litigants. Plaintiff fails to show exceptional circumstances
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to warrant appointment of counsel at this stage of the proceedings. Should this case progress and
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Plaintiff’s circumstances change so that he is able to demonstrate exceptional circumstances, he
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may renew his motion for appointment of counsel at that time.1
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Accordingly, it is ORDERED:
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Plaintiff’s motion to appoint counsel (Doc. No. 4) is DENIED without prejudice.
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Dated:
September 7, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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Plaintiff is welcome to view the resources for pro se litigants available at https://prose.cacd.uscourts.gov/. While
the website is specific to our neighboring Central District of California, it nonetheless contains information helpful
for guiding pro se litigants in the Eastern District.
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