Garces v. Pickett et al

Filing 118

ORDER signed by Magistrate Judge Allison Claire on 7/20/2020 DENYING 116 Motion to Appoint Counsel. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL GARCES,

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Plaintiff,

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v.

No. 2:17-cv-0319 JAM AC P

ORDER

J. PICKETT, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested

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appointment of counsel. ECF No. 116. Plaintiff previously filed motions to appoint counsel on

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February 10, 2017, ECF No. 3; September 26, 2017, ECF No. 20; January 11, 2019, ECF No. 39;

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and June 14, 2019, ECF No. 83. Each motion was denied. See ECF Nos. 9, 21, 44, & 84.

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The United States Supreme Court has ruled that district courts lack authority to require

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counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490

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U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the

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voluntary assistance of counsel pursuant to 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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The test for exceptional circumstances requires the court to evaluate the plaintiff’s

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likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in

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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,

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1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). In his present
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request, plaintiff states that he cannot afford counsel, his imprisonment will limit his ability to

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litigate, he has limited access to the law library, and his attempts to secure private counsel have

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been unsuccessful. See ECF No. 116 at 1-2. Circumstances common to most prisoners, such as

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lack of legal education and limited law library access, do not establish exceptional circumstances

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that would warrant a request for voluntary assistance of counsel.

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

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counsel, ECF No. 116, is denied.

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DATED: July 20, 2020

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