(PC) Barrett v. Ciolli ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY BARRETT, Case No. 1:20-cv-01802-NONE-EPG (PC) 12 Plaintiff, 13 v. ORDER DENYING MOTION TO APPOINT COUNSEL 14 A. CIOLLI, et al., (ECF No. 27) 15 Defendants. 16 17 Plaintiff Anthony Curtis Barrett (“Plaintiff”) is a federal inmate proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics 19 Agents, 403 U.S. 388 (1971). Before the Court is Plaintiff’s motion to appoint counsel. (ECF No. 20 27.) For the following reasons, the Court will deny the motion. 21 According to the motion, Plaintiff requests that the Court appoint counsel to represent him 22 in this case because Plaintiff is unable to afford counsel. (ECF No. 24.) Additionally, Plaintiff’s 23 imprisonment will greatly limit his ability to litigate. (Id.) The issues involved in this case are 24 complex and will require significant research and investigation. (Id.) Plaintiff has limited access 25 to the law library and limited knowledge of the law. (Id.) Plaintiff will need help identifying 26 John/Jane Does 1 through 15 as this litigation proceeds. (Id.) A trial in this case will also likely 27 involve conflicting testimony, and counsel would better enable Plaintiff to present evidence and 28 cross-examine witnesses. (Id.) Plaintiff states that he is having claims dismissed because of his 1 | incompetence. (/d.) 2 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 3 | Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 4 | (9th Cir. 1998), and the Court cannot require an attorney to represent plaintiff pursuant to 28 5 | U.S.C. § 1915(e)C1), Mallard v. United States District Court for the Southern District of □□□□□ 6 | 490 US. 296, 298 (1989). However, in certain exceptional circumstances the Court may request 7 | the voluntary assistance of counsel pursuant to § 1915(e)(1). Rand, 113 F.3d at 1525. g Without a reasonable method of securing and compensating counsel, the Court will seek g | volunteer counsel only in the most serious and exceptional cases. In determining whether 10 | “exceptional circumstances exist, the district court must evaluate both the likelihood of success 1 of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved.” /d. (internal quotation marks and citations omitted). 13 The Court will not order appointment of pro bono counsel at this time. The Court has 14 reviewed the record in this case, and at this time the Court is unable to make a determination that 15 Plaintiff is likely to succeed on the merits of his claims. Moreover, it appears that Plaintiff can 16 adequately articulate his claims. Plaintiff is not precluded from renewing his motion for appointment of pro bono counsel 18 at a later stage of the proceedings. 19 Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to appoint counsel (ECF No. 24) is DENIED. 71 IT IS SO ORDERED. 22 53 | Dated: _ October 5, 2021 □□□ heey UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28