(PC) Lewis v. Ugwueze ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARONTA T. LEWIS, ) Case No.: 1:20-cv-00596-AWI-SAB (PC) ) 12 Plaintiff, ) ) ORDER DENYING PLAINTIFF’S SIXTH 13 v. ) MOTION FOR APPOINTMENT OF COUNSEL FILED 14 DR. G. UGWUEZE, et al., ) ) (ECF No. 101) 15 Defendants. ) ) 16 ) 17 Plaintiff Daronta T. Lewis is proceeding pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s sixth motion for appointment of counsel, filed on 20 September 27, 2021. 21 As Plaintiff is aware, he does not have a constitutional right to appointed counsel in this action, 22 Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any attorney to 23 represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the 24 Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances 25 the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 26 F.3d at 1525. 27 //// 28 enn eee ne SO I EOD 1 Without a reasonable method of securing and compensating counsel, the court will seek 2 || volunteer counsel only in the most serious and exceptional cases. In determining whether 3 || “exceptional circumstances exist, the district court must evaluate both the likelihood of success on thi 4 || merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of th 5 || legal issues involved.” Id. (internal quotation marks and citations omitted). 6 In the present case, the Court does not find the required exceptional circumstances. Even if it 7 || assumed that plaintiff is not well versed in the law and that he has made serious allegations which, if 8 || proved, would entitle him to relief, his case is not exceptional. The Court is faced with similar cases 9 || almost daily. While the Court recognizes that Plaintiff is at a disadvantage due to his pro se status an 10 || his incarceration, the test is not whether Plaintiff would benefit from the appointment of counsel. See 11 || Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (“Most actions require development of 12 || further facts during litigation and a pro se litigant will seldom be in a position to investigate easily the 13 || facts necessary to support the case.”) Circumstances common to most prisoners, such as lack of lega 14 || education and limited law library access, do not establish exceptional circumstances that would 15 || warrant a request for voluntary assistance of counsel. The test is whether exception circumstances 16 || exist and here, they do not. Although Plaintiff contends he will no longer have access to inmate 17 || assistance because he is being transferred to suicide watch, such circumstance is not extraordinary. 18 || There is simply an insufficient showing that Plaintiff is unable to adequately litigate this action. 19 || Accordingly, Plaintiffs sixth motion for appointment of counsel is denied, without prejudice. 20 21 ||}IT IS SO ORDERED. A (re 22 |I pated: _ September 28, 2021 OF 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28