(PC) Hicks v. Gosai ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYL ANTHONY HICKS, No. 2:20-cv-02303-DJC-JDP (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO APPOINT COUNSEL 13 v. ECF No. 54 14 GOSAI, et al., 15 Defendants. 16 17 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought 18 under 42 U.S.C. § 1983. Plaintiff moves for the appointment of counsel. ECF No. 54. 19 Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand 20 v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an 21 attorney to represent plaintiff. See Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 22 298 (1989). The court can request the voluntary assistance of counsel. See 28 U.S.C. 23 § 1915(e)(1) (“The court may request an attorney to represent any person unable to afford 24 counsel”); Rand, 113 F.3d at 1525. But without a means to compensate counsel, the court will 25 seek volunteer counsel only in exceptional circumstances. In determining whether such 26 circumstances exist, “the district court must evaluate both the likelihood of success on the merits 27 [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the 28 legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks and citations omitted). 1 Plaintiff moves for the appointment of counsel because he cannot afford to hire a lawyer, 2 | his ability to litigate is inhibited because he is incarcerated, and the issues are complex. ECF 3 | No. 54 at 1. While the challenges plaintiff identified are unfortunately common to many 4 | prisoners, he has not demonstrated exceptional circumstances warranting the appointment of 5 | counsel. The allegations in the complaint are not exceptionally complicated, and plaintiff has not 6 | demonstrated that he is likely to succeed on the merits. 7 Accordingly, it is hereby ORDERED that plaintiff's motion for the appointment of 8 || counsel, ECF No. 54, is denied. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ October 27, 2023 q———_ 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28