Opinion
1:13-cv-01370-SAB (PC)
09-03-2013
KEVIN LONG, Plaintiff, v. STANISLAUS COUNTY SUPERIOR COURT, et al., Defendants.
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
(ECF No. 4)
On August 26, 2013, plaintiff filed a motion seeking the appointment of counsel. Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain exceptional circumstances the court may request the voluntary assistance of counsel pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.
Without a reasonable method of securing and compensating counsel, the court will seek volunteer counsel only in the most serious and exceptional cases. In determining whether "exceptional circumstances exist, the district court must evaluate both the likelihood of success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved." Id. (internal quotation marks and citations omitted).
In the present case, the court does not find the required exceptional circumstances. Even if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with similar cases almost daily. At this early stage in the proceedings, the court has reviewed the complaint and does not find that is likely to succeed on the merits. Id. Further, even if Plaintiff were to state a cognizable claim, his complaint shows that the grievance process has not been completed and therefore it appears this action would be dismissed for failure to exhaust administrative remedies. Booth v. Churner, 532 U.S. 731, 739 (2001) (Prisoners must complete the prison's administrative process, regardless of the relief sought by the prisoner and regardless of the relief offered by the process, as long as the administrative process can provide some sort of relief on the complaint stated).
For the foregoing reasons, plaintiff's motion for the appointment of counsel is HEREBY DENIED, without prejudice. IT IS SO ORDERED.
________
UNITED STATES MAGISTRATE JUDGE