1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST R. MORALES, No. 1:25-cv-000189-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR COUNSEL, WITHOUT PREJUDICE 13 v. (ECF No. 31) 14 GUSTAVO ESPITIA, et al.,

15 Defendants. 16 17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42

. 20 Currently before the Court is Plaintiff’s motion for appointment of counsel, filed October 21 14, 2025. (ECF No. 31.) 22 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 23 Rowland,

(9th Cir. 1997), and the court cannot require any attorney to 24 represent plaintiff pursuant to

(e)(1). Mallard v. United States District Court for 25 the Southern District of Iowa,

(1989). However, in certain exceptional 26 circumstances the court may request the voluntary assistance of counsel pursuant to section 27 1915(e)(1). Rand,

. 28 /// 1 Without a reasonable method of securing and compensating counsel, the Court will seek 2 | volunteer counsel only in the most serious and exceptional cases. In determining whether 3 | “exceptional circumstances exist, the district court must evaluate both the likelihood of success 4 | onthe merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 5 | complexity of the legal issues involved.”

(internal quotation marks and citations omitted). 6 Plaintiff argues his case has merit because he suffered injuries and his mental health status 7 | justifies appointment of counsel. (ECF No. 31.) The Court has considered Plaintiff's request, but 8 | does not find the required exceptional circumstances. Even if it is assumed that Plaintiff has made 9 | serious allegations which, if proved, would entitle him to relief, his case is not exceptional. This 10 | Court is faced with similar cases filed almost daily by prisoners suffering from diagnosed mental 11 | health conditions who must also conduct legal research, obtain discovery, and litigate their cases 12 || without the assistance of counsel. Furthermore, based on a review of the record in this case, the 13 | Court does not find that Plaintiff cannot adequately articulate his claims. Lastly, at this early 14 || stage of the proceedings, the Court cannot determine whether Plaintiff is likely to proceed on the 15 | merits of his case. Accordingly, Plaintiff's motion for appointment of counsel is DENIED, 16 without prejudice. 17 18 IT IS SO ORDERED. DAA Le 19 | Dated: _October 15, 2025 _ eS STANLEY A. BOONE 20 United States Magistrate Judge 21 22 23 24 25 26 27 28