Opinion

(PC) Brown v. Marroquin

Court
District Court, E.D. California
Filed
Nov 27, 2023
Cited by
0 cases
Authority
More cited than 18.4%

district court did not 13 abuse discretion in declining to appoint counsel

How later courts described this case

  • district court did not 13 abuse discretion in declining to appoint counsel

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 BOBBY E. BROWN, No. 1:21-cv-00087 ADA GSA (PC)

12 Plaintiff,

13 v. ORDER DENYING PLAINTIFF’S MOTION

FOR THE APPOINTMENT OF COUNSEL

14 OTTO MARROQUIN, et al.,

(ECF No. 33)

15 Defendants.

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17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The matter is in the pretrial motion phase of the

20 proceedings.

21 Plaintiff has filed a motion for the appointment of counsel. ECF No. 33. For the reasons

22 stated below, the motion will be denied.

23 I. MOTION FOR THE APPOINTMENT OF COUNSEL

24 In support of the motion, Plaintiff states, in part, that he is indigent and that he has limited

25 experience dealing with “meritorious issues.” ECF No. 33 at 1. In addition, Plaintiff states that

26 the appointment of counsel to his case will increase his chances of proving his claims, and it will

27 alleviate the stress he might have that is related to errors he may make. See id. at 2. Plaintiff

28 further states that his case is complex; that it requires extensive discovery, and that his ability to

1 conduct investigations and depositions is limited. Id. at 2-3. Finally, Plaintiff informs the Court

2 that he is hearing impaired; that he has several mental and physical health issues. Id. at 3-4.

3 These, Plaintiff contends, constitute “exceptional circumstances.” Id. at 4.

4 II. APPLICABLE LAW

5 District courts lack authority to require counsel to represent indigent prisoners in section

6 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional

7 circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28

8 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

9 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional

10 circumstances” exist, the court must consider plaintiff’s likelihood of success on the merits as

11 well as the ability of the plaintiff to articulate his claims pro se in light of the complexity of the

12 legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (district court did not

13 abuse discretion in declining to appoint counsel). The burden of demonstrating exceptional

14 circumstances is on the plaintiff. Id. Circumstances common to most prisoners, such as lack of

15 legal education and limited law library access, do not establish exceptional circumstances that

16 warrant a request for voluntary assistance of counsel.

17 III. DISCUSSION

18 Plaintiff’s motion must be denied. This matter was commenced by Plaintiff in January

19 2021. See ECF No. 1 (Plaintiff’s Complaint). Since then, Plaintiff has adequately represented

20 himself. Specifically, he has navigated through the discovery phase of this case; he has filed

21 responsive documents when ordered to do so by this Court (see ECF No. 10) (notice on how to

22 proceed), and he has also filed a request for a writ of mandamus on his own in the Ninth Circuit

23 (see ECF No. 8) (petition for writ of mandate).

24 Given these facts, although Plaintiff’s case has the potential to be successful on the merits,

25 in light of the Palmer considerations, at this time, the Court finds that Plaintiff has failed to meet

26 his burden of demonstrating exceptional circumstances warranting the appointment of counsel.

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

2 counsel (ECF No. 33) is DENIED.

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IT IS SO ORDERED.

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6 Dated: November 27, 2023 /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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