Miramontes v. Gower et al

Filing 27

ORDER denying 26 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 08/10/16. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEDRO MIRAMONTES,

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Plaintiff,

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No. 2:15-cv-1544 JAM CKD P

v.

ORDER

L. GOWER, et al.,

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Defendants.

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Plaintiff has requested appointment of counsel. The court cannot require an attorney to

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represent a plaintiff who cannot pay for the attorney’s services. Mallard v. United States Dist.

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Court, 490 U.S. 296, 298 (1989). However, under the federal in forma pauperis statute, 28 U.S.C.

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§ 1915, the court may request that an attorney represent a person unable to afford counsel. 28

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U.S.C. § 1915(e)(1). The court will make that request only when there are exceptional

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circumstances. When determining whether “exceptional circumstances” exist, the court

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considers, among other things, plaintiff's likelihood of success on the merits as well as the ability

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of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues

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involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).
In the present case, the court does not find the required exceptional circumstances at this

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stage of these proceedings.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for appointment of

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counsel (ECF No. 26) is denied without prejudice.

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Dated: August 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mira1544.36

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