(PC) Rios v. Greenleaf ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISRAEL RIOS, Case No. 2:20-cv-00146-ADA-HBK (PC) 12 Plaintiff, ORDER REAPPOINTING COUNSEL 13 v. 14 NP JOSEPH DRAGON, ET. AL., 15 Defendants. 16 17 Plaintiff, a prisoner proceeds on his First Amended Complaint as screened. (Doc. Nos. 18 46, 63). A related action remains pending in case number 1:19-cv-01009-ADA-HBK (E.D. Cal. 19 2019) (“first filed case”). In the first filed case, Plaintiff had filed objections to a findings and 20 recommendations, which the Court construed to include a motion to appoint counsel in the first 21 filed case and indicated that the Court may have mistakenly relieved previously appointed 22 counsel in the instant action.1 (See Case No. 1:19-cv-01009-ADA-HBK, Doc. Nos. 33, 37). 23 While the United States Constitution does not require the appointment of counsel in a civil 24 case, motions to appoint counsel may be granted when “exceptional circumstances” exist. See 25 Lewis v. Casey, 518 U.S. 343, 354 (1996) (explaining Bounds v. Smith, 430 U.S. at 817, did not 26 create a right to appointment of counsel in civil cases); see also United States v. McQuade, 519 27 28 1 The Court relieved counsel in an order dated August 19, 2022. (Doc. No. 60)(citing Doc. No. 53 at 3). 1 | F.2d 1180, 81 (9th Cir. 1978). Further, the court may consider many factors to determine if 2 | exceptional circumstances warrant appointment of counsel including, but not limited to, proof of 3 | indigence, the likelihood of success on the merits, and the ability of the plaintiff to articulate his 4 | or her claims pro se considering the complexity of the legal issues involved. McQuade, 519 F.2d 5 | at 1181; see also Rand vy. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on 6 | other grounds on reh’g en banc, 154 F.2d 952 (9th Cir. 1998). 7 Here, the Court finds exceptional circumstances exist. A complicated motion to 8 | consolidate cases remains pending in both the first filed and in the instant actions. And, the 9 | previously assigned magistrate judge had found exceptional circumstances for a limited 10 | appointment, selecting Carter C. White and the King Hall Civil Rights Clinic from the Court’s 11 || pro bono attorney panel to represent Plaintiff for the limited purpose of filing the FAC. (Doc. No. 12 | 43). Carter C. White agrees to being reappointed in this case to represent Plaintiff. 13 Accordingly, it is ORDERED: 14 The Court reappoints Carter C. White and King Hall Civil Rights Clinic as counsel in this 15 | action. Appointed counsel shall notify Sujean Park via email at spark @caed.uscourts.gov if he 16 | has any questions related to appointment. 17 | Dated: _ November 2, 2022 Mihaw. □□ fares Zackte 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28