(PC) Sanchez v. Torres ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN SANCHEZ, Case No. 1:21-cv-01052-JLT (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF 13 v. COUNSEL AND ORDER TO SHOW CAUSE 14 DR. RACHELLE TORRES, (Doc. 6) 15 Defendant. 30-DAY DEADLINE 16 17 Plaintiff has filed a motion seeking the appointment of counsel. (Doc. 6.) Plaintiff does not 18 have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 19 1525 (9th Cir. 1997), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 20 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). 21 The Court may request the voluntary assistance of counsel under section 1915(e)(1). Rand, 22 113 F.3d at 1525. However, without a reasonable method of securing and compensating counsel, 23 the Court will seek volunteer counsel only in the most serious and exceptional cases. In determining 24 whether exceptional circumstances exist, the district court must evaluate both the likelihood of 25 success of the merits and the ability of the plaintiff to articulate his claims pro se in light of the 26 complexity of the legal issues involved. Id. 27 The Plaintiff’s motion does not indicate exceptional circumstances that warrant 28 appointment of counsel. Even assuming that Plaintiff is not well-versed in the law and that he has 1 made serious allegations, which, if proved, would entitle him to relief, his case is not exceptional. 2 This Court is faced with similar cases almost daily. At this early stage in the proceedings, the 3 Court cannot determine that Plaintiff is likely to succeed on the merits. Moreover, based on a 4 review of the record, the Court finds that Plaintiff can articulate his claims adequately. Id. 5 Therefore, the Court DENIES WITHOUT PREJUDICE Plaintiff’s motion for the appointment 6 of counsel. 7 This Court has twice ordered Plaintiff to apply to proceed in forma pauperis or pay the 8 $402 filing fee. (Docs. 3, 5.) The Court orders Plaintiff to show cause, within 30 days, why this 9 case should not be dismissed for failure to comply with these prior orders. Alternatively, Plaintiff 10 may apply to proceed in forma pauperis or pay the $402 filing fee within 30 days. 11 The failure to comply with this order will result in a recommendation of dismissal of 12 this case. 13 IT IS SO ORDERED. 14 15 Dated: November 2, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28