Opinion

(PC) Martinez v. Brown

Court
District Court, E.D. California
Filed
Sep 24, 2020
Cited by
0 cases
Authority
More cited than 17.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 RICARDO MARTINEZ, 1:19-cv-00967 AWI-GSA (PC)

12 Plaintiff,

ORDER DENYING MOTION FOR

13 v. APPOINTMENT OF COUNSEL

14 K. BROWN, et al., (Document# 28)

15 Defendants.

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17 On September 21, 2020, plaintiff filed a motion seeking the appointment of counsel.

18 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland,

19 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent

20 plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the

21 Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain

22 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to

23 section 1915(e)(1). Rand, 113 F.3d at 1525.

24 Without a reasonable method of securing and compensating counsel, the court will seek

25 volunteer counsel only in the most serious and exceptional cases. In determining whether

26 “exceptional circumstances exist, the district court must evaluate both the likelihood of success

27 of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the

28 complexity of the legal issues involved.” Id. (internal quotation marks and citations omitted).

1 In the present case, the court does not find the required exceptional circumstances.

2 Plaintiff argues that he cannot afford to retain counsel and he is not knowledgeable about the law.

3 These conditions do not make plaintiff’s case exceptional under Ninth Circuit law. Plaintiff’s

4 Complaint was dismissed on September 3, 2020, for failure to state a claim, and his First

5 Amended Complaint, filed on September 21, 2020, awaits screening by the court. (Docs. 26, 27.)

6 Therefore, the court has not found any cognizable claims to date in plaintiff’s complaints for

7 which to initiate service of process, and no other parties have yet appeared. The court finds it

8 unlikely that Plaintiff will prevail on the merits of this case. His claims concerning his prison

9 appeals are not complex, and based on a review of the record in this case, the court finds that

10 plaintiff can adequately articulate his claims. Therefore, plaintiff’s motion shall be denied

11 without prejudice to renewal of the motion at a later stage of the proceedings.

12 For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY

13 DENIED, without prejudice.

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IT IS SO ORDERED.

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16 Dated: September 24, 2020 /s/ Gary S. Austin

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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