(PC) Jackson v. Quick ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CORNEL JACKSON, Case No. 1:19-cv-01591-JLT-EPG (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S SEVENTH 13 MOTION FOR APPOINTMENT OF PRO v. BONO COUNSEL, WITHOUT PREJUDICE 14 JASON QUICK, et al., (ECF No. 129) 15 Defendants. 16 17 Plaintiff Cornel Jackson is a pretrial detainee proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. 19 On December 1, 2022, Plaintiff filed his seventh motion for appointment of pro bono 20 counsel. (ECF Nos. 4, 9, 13, 28, 58, 96, 129). Generally, Plaintiff moves for appointment of 21 counsel because his confinement limits his ability to litigate, the issues involved in this case are 22 complex and will require significant research and investigation, and he is unable to afford 23 counsel. 24 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 25 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 26 (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 27 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 28 490 U.S. 296, 298 (1989). However, in certain exceptional circumstances the Court may request 1 | the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525. 2 Without a reasonable method of securing and compensating counsel, the Court will seek 3 | volunteer counsel only in the most serious and exceptional cases. In determining whether 4 | “exceptional circumstances exist, a district court must evaluate both the likelihood of success of 5 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 6 complexity of the legal issues involved.” /d. (citation and internal quotation marks omitted). 7 The Court will not order appointment of pro bono counsel. The legal issues are not unduly 8 complex. It appears that Plaintiff can adequately articulate his claims despite his lack of training 9 in the law. He has actively litigated this case by filing motions, (see e.g., ECF Nos. 32, 33, 90), objections to findings and recommendations, (ECF Nos. 54, 80, 127), and opposing summary 8 judgment (ECF Nos. 115, 122). Further, although the Court has made a recommendation, which remains pending, that this case proceed on Plaintiff’s legal-mail claims, the Court is unable to 12 conclude that Plaintiff is likely to succeed on the merits of his case. (ECF No. 123). Thus, 13 Plaintiffs case is not so exceptional as to merit appointment of pro bono counsel. For the foregoing reasons, IT IS ORDERED that Plaintiff's motion for appointment of pro 15 bono counsel (ECF No. 129) is DENIED without prejudice. 16 17 | IT IS SO ORDERED. Dated: _December 5, 2022 [JF Phy — 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28