(PC) Keller v. Alison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PAUL STEPHEN KELLER, Case No. 1:21-cv-01707-EPG (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION 13 FOR APPOINTMENT OF PRO BONO v. COUNSEL, WITHOUT PREJUDICE KATHLEEN ALISON, et al., (ECF No. 10)

Defendants.

18 Paul Keller (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983.

20 On January 18, 2022, Plaintiff filed a motion for appointment of pro bono counsel, a declaration in support of the motion, and a memorandum of law in support of the motion. (ECF Nos. 10 & 11). Plaintiff asks for appointment of counsel because he is unable to afford counsel; because the issues involved in this case are extremely complex and his imprisonment will greatly limit his ability to litigate; because he has little to no access to the law library due to strict COVID-19 restrictions and procedures, as well as the many absences of the Law Librarian; because he has sought legal representation from multiple law firms over the past three months, but has not received any responses; because there are other factors in this case that he does not have the ability to investigate; because he is unable to conduct depositions or properly question | witnesses; because he does not have the abilities or qualifications to properly present this case | like counsel would; and because this case has merit.

3 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. | Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part on other grounds, 154 F.3d 952 | (9th Cir. 1998), and the Court cannot require an attorney to represent Plaintiff pursuant to 28 | U.S.C. § 1915(e)(1).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 □□□□□ | 490 US. 296, 298 (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.

9 Without a reasonable method of securing and compensating counsel, the Court will seek 10 volunteer counsel only in the most serious and exceptional cases. In determining whether | “exceptional circumstances exist, a 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. (citation and internal quotation marks omitted).

14 The Court will not order appointment of pro bono counsel at this time. The Court has || reviewed the record in this case, and at this time the Court is unable to make a determination that | Plaintiff is likely to succeed on the merits of his claims. Moreover, while there may be some || issues, it appears that Plaintiff can adequately articulate his claims.

18 Plaintiff is advised that he is not precluded from renewing his motion for appointment of || pro bono counsel at a later stage of the proceedings.

20 For the foregoing reasons, IT IS ORDERED that Plaintiff's motion for appointment of pro | bono counsel is DENIED without prejudice.

0 IT IS SO ORDERED.

23 | Dated: _ January 21, 2022 [see ey UNITED STATES MAGISTRATE JUDGE