(PC) Nieto v. Gordon ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MOISES NIETO, Case No. 1:20-cv-00291-JLT (PC) 12 Plaintiff, ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION 13 v. FOR APPOINTMENT OF COUNSEL 14 YORK, et al., (Doc. 41) 15 Defendants. 16 17 On September 22, 2021, Plaintiff filed a pleading that the Court construes as a motion 18 seeking the appointment of counsel. (Doc. 41.) 19 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 20 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to 21 represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. 22 of Iowa, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel 23 under section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a reasonable method of 24 securing and compensating counsel, the Court will seek volunteer counsel only in the most 25 serious and exceptional cases. In determining whether exceptional circumstances exist, the 26 district court must evaluate both the likelihood of success of the merits and the ability of the 27 plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Id. 28 /// 1 Plaintiff’s motion does not indicate exceptional circumstances that warrant appointment 2 of counsel. Even assuming that Plaintiff is not well-versed in the law and that he has made 3 serious allegations, which, if proved, would entitle him to relief, his case is not exceptional. 4 This Court is faced with similar cases almost daily. At this early stage in the proceedings, the 5 Court cannot determine that Plaintiff is likely to succeed on the merits. Moreover, based on a 6 review of the record, the Court finds that Plaintiff can articulate his claims adequately. Id. For 7 the foregoing reasons, the Court DENIES WITHOUT PREJUDICE Plaintiff’s motion for the 8 appointment of counsel. 9 10 IT IS SO ORDERED. 11 Dated: September 27, 2021 _ /s/ Jennifer L. Thurston 12 CHIEF UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28