(PC) Bishop v. Camacho ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOR AHMADD BISHOP, Case No. 2:20-cv-01762-JDP (PC) 12 Plaintiff, ORDER DENYING MOTION TO APPOINT COUNSEL 13 v. ECF No. 15 14 P. CAMACHO, 15 Defendant. 16 17 Plaintiff is a prisoner proceeding without counsel in this civil rights action brought under 18 42 U.S.C. § 1983. Plaintiff moves for the appointment of counsel. ECF No. 15. 19 Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand 20 v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an 21 attorney to represent plaintiff. See Mallard v. U.S. District Court for the Southern District of 22 Iowa, 490 U.S. 296, 298 (1989). The court may request the voluntary assistance of counsel. See 23 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person unable to 24 afford counsel”); Rand, 113 F.3d at 1525. However, without a means to compensate counsel, the 25 court will seek volunteer counsel only in exceptional circumstances. In determining whether such 26 circumstances exist, “the district court must evaluate both the likelihood of success on the merits 27 [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the 28 legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks and citations omitted). 1 The court cannot conclude that exceptional circumstances requiring the appointment of 2 | counsel are present here. The allegations in the complaint are not exceptionally complicated. 3 | Further, plaintiff has not demonstrated that he is likely to succeed on the merits. For these 4 | reasons, plaintiff's motion to appoint counsel, ECF No. 15, is denied without prejudice. 5 The court may revisit this issue at a later stage of the proceedings if the interests of justice 6 | sorequire. If plaintiff later renews his request for counsel, he should provide a detailed 7 | explanation of the circumstances that he believes justify appointment of counsel in this case. 8 9 IT IS SO ORDERED. 10 ( 1 ow — Dated: _ December 1, 2020 Q_—_—. 11 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28