(PC) Navarro v. StClair ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERT NAVARRO, Case No. 1:20-cv-00524-NONE-SKO (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION 13 v. FOR APPOINTMENT OF COUNSEL 14 J. ST. CLAIR, et al., (Doc. 34) 15 Defendants. 16 17 Plaintiff Gilbert Navarro requests the appointment of counsel to represent him in this 18 action. (Doc. 34.) Plaintiffs do not have a constitutional right to appointed counsel in section 1983 19 actions, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an 20 attorney to represent a party under 28 U.S.C. § 1915(e)(1), see Mallard v. U.S. Dist. Court, 490 21 U.S. 296, 304-05 (1989). However, in “exceptional circumstances,” the Court may request the 22 voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 23 Given that the Court has no reasonable method of securing and compensating counsel, the 24 Court will seek volunteer counsel only in extraordinary cases. In determining whether 25 “exceptional circumstances exist, a district court must evaluate both the likelihood of success on 26 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 27 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. Even 2 if it is assumed that Plaintiff is not well versed in the law and has made serious allegations that, if 3 proven, would entitle him to relief, his case is not extraordinary. The Court is faced with similar 4 cases almost daily. At this stage in the proceedings, the Court cannot make a determination on 5 whether Plaintiff is likely to succeed on the merits, and based on a review of the records in this 6 case, the Court does not find that Plaintiff cannot adequately articulate his claims. 7 Based on the foregoing, the Court DENIES Plaintiff’s motion for the appointment of 8 counsel without prejudice. 9 IT IS SO ORDERED. 10 11 Dated: October 25, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27