Craver v. Hasty et al
Filing
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ORDER denying 69 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 07/19/13. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANDRE CRAVER,
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No. 2:11-cv-1344 TJN KJN P
Plaintiff,
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v.
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J. HASTY, et al.,
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ORDER
Defendants.
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Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983.
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Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel
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to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490
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U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to
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voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d
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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
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When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s
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likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro
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se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970
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(9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The
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burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances
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common to most prisoners, such as lack of legal education and limited law library access, do not
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establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
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Plaintiff alleges that he cannot represent himself because he is being treated for mental
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illness. According to the motion and attached exhibits, plaintiff has been prescribed
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antidepressants. Plaintiff also alleges that he is taking narcotic pain medication.
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Plaintiff has competently represented himself in this action. The jury trial in this case is
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set for February 24, 2014. It is not clear that plaintiff’s current medical and mental health
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problems will persist through the time of trial. Having considered the factors under Palmer, the
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court finds that plaintiff has failed to meet his burden of demonstrating exceptional circumstances
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warranting the appointment of counsel at this time.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the
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appointment of counsel (ECF No. 69) is denied without prejudice.
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Dated: July 19, 2013
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crav1344.31.kjn
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