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Case 1:13-cv-01514-SAB Document 5 Filed 09/19/13 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

Case No.: 1:13-cv-01514-SAB (PC)

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

(ECF No. 3)

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BRUCE PHILLIPI,

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Plaintiff,

v.

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PATTERSON, et al.,



Defendants.

























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Plaintiff Bruce Phillipi (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action was filed on September 18,

2013. (ECF No. 1.) On this same date, Plaintiff filed a motion for the appointment of counsel. (ECF

No. 3.)



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 at 970 (citation and quotation marks



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Case 1:13-cv-01514-SAB Document 5 Filed 09/19/13 Page 2 of 2





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 exist at this

time. 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. The Court is faced

with similar cases almost daily. Accordingly,

IT IS HEREBY ORDERED that Plaintiff’s September 18, 2013 motion for the appointment of

counsel is DENIED.




IT IS SO ORDERED.

Dated: September 19, 2013




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UNITED STATES MAGISTRATE JUDGE

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