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White v. Zuniga

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 12, 2013
Case No. 1:13-cv-00203-SKO PC (E.D. Cal. Dec. 12, 2013)

Opinion

Case No. 1:13-cv-00203-SKO PC

12-12-2013

ANDRE WHITE, Plaintiff, v. J. ZUNIGA, et al., Defendants.


ORDER DENYING MOTION FOR

RECONSIDERATION OF ORDER

DENYING COUNSEL


(Docs. 6 and 11)

Plaintiff Andre White, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 8, 2013. On December 5, 2013, Plaintiff filed a motion for reconsideration of the order denying his motion for the appointment of counsel, filed on February 11, 2013. Fed R. Civ. P. 60(b); Local Rule 230(j).

Plaintiff has shown no entitlement to reconsideration of the order, and his contention that the Court abused its discretion in denying his motion lacks merit. Fed R. Civ. P. 60(b); Local Rule 230(j); Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009); U.S. v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001).

Plaintiff does not have a constitutional right to the appointment of counsel in this action. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). The Court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1), but it will do so only if exceptional circumstances exist. Palmer, 560 F.3d at 970; Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). In making this determination, the Court must evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970 (citation and quotation marks omitted); Wilborn, 789 F.2d at 1331. Neither consideration is dispositive and they must be viewed together. Palmer, 560 F.3d at 970 (citation and quotation marks omitted); Wilborn 789 F.2d at 1331.

In the present case, the Court does not find the required exceptional circumstances. Even assuming 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. The Court is faced with similar cases almost daily. Further, at this early stage in the proceedings, the Court cannot make a determination that Plaintiff is likely to succeed on the merits, and based on a review of the record in this case, the Court does not find that Plaintiff cannot adequately articulate his claims. Palmer, 560 F.3d at 970.

While the Court recognizes that Plaintiff is at a disadvantage due to his pro se status and his incarceration, the test is not whether Plaintiff would benefit from the appointment of counsel. See Wilborn, 789 F.2d at 1331 ("Most actions require development of further facts during litigation and a pro se litigant will seldom be in a position to investigate easily the facts necessary to support the case.") The test is whether exceptional circumstances exist and here, they do not.

Based on the foregoing, Plaintiff's motion for reconsideration is HEREBY DENIED. IT IS SO ORDERED.

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE


Summaries of

White v. Zuniga

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 12, 2013
Case No. 1:13-cv-00203-SKO PC (E.D. Cal. Dec. 12, 2013)
Case details for

White v. Zuniga

Case Details

Full title:ANDRE WHITE, Plaintiff, v. J. ZUNIGA, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Dec 12, 2013

Citations

Case No. 1:13-cv-00203-SKO PC (E.D. Cal. Dec. 12, 2013)