(PC) Ramirez v. Pfeiffer et al
Filing
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ORDER DENYING 7 Plaintiff's Motion for Appointment of Counsel Without Prejudice, signed by Magistrate Judge Stanley A. Boone on 11/14/2023. (Maldonado, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NARCISO RAMIREZ,
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Plaintiff,
v.
C. PFEIFFER, et al.
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No. 1:23-cv-01554-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL,
WITHOUT PREJUDICE
(ECF No. 7)
Defendants.
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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for appointment of counsel, filed
November 13, 2023.
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), and the court cannot require any attorney to
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represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for
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the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional
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circumstances the court may request the voluntary assistance of counsel pursuant to section
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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
volunteer counsel only in the most serious and exceptional cases. In determining whether
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“exceptional circumstances exist, the district court must evaluate both the likelihood of success
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on 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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In the present case, the court does not find the required exceptional circumstances. Even
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if it assumed that plaintiff is not well versed in the law and that he has made serious allegations
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which, if proved, would entitle him to relief, his case is not exceptional. The Court is faced with
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similar cases almost daily. While the Court recognizes that Plaintiff is at a disadvantage due to
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his pro se status and his incarceration, the test is not whether Plaintiff would benefit from the
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appointment of counsel. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (“Most
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actions require development of further facts during litigation and a pro se litigant will seldom be
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in a position to investigate easily the facts necessary to support the case.”) Although Plaintiff
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contends that his primary language is Spanish and he is being assisted by two other inmates, such
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circumstances do not warrant assistance of counsel. the record reflects that Plaintiff is receiving
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assistance sufficient to allow him to prosecute this litigation, and he is able to articulate his
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claims, even if it is with the assistance of other inmates. The test is whether exception
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circumstances exist and here, they do not. In the present case, the Court has yet to screen
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Plaintiff’s complaint pursuant to 28 U.S.C. ¶ 1915A, and based on a cursory review of the
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complaint, the Court does not find the required exceptional circumstances. In addition, the Court
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cannot make a finding that Plaintiff is likely to succeed on the merits. Accordingly, Plaintiff’s
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motion for the appointment of counsel is denied, without prejudice.1
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IT IS SO ORDERED.
Dated:
November 14, 2023
UNITED STATES MAGISTRATE JUDGE
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To the extent Plaintiff seeks to amend the complaint, Plaintiff is advised that Federal Rule of Civil Procedure 15
provides: “A party may amend its pleading once as matter of course within: (A) 21 days after serving it; or (B) if the
pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days
after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(A), (B).
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