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Beckham v. Bell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


March 23, 2009

ALAN BECKHAM, PLAINTIFF,
v.
AGENT BELL AND STOCKTON HUGO MERCADO, DEFENDANTS.

The opinion of the court was delivered by: Edward F. Shea United States District Judge

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL PAROLE SUPERVISOR

Before the Court, without oral argument, is pro se Plaintiff Alan Beckham's Motion for Appointment of Counsel (Ct. Rec. 14), filed March 18, 2009. District courts have discretion to designate counsel under 28 U.S.C. § 1915(e)(1) only under exceptional circumstances. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). Determining whether exceptional circumstances exist requires evaluating "the likelihood of success on the merits and plaintiff's ability to articulate his claims pro se in light of the complexity of the legal issues involved." Id. (citation omitted).

The Court reviewed Plaintiff's First Amended Complaint and finds that Plaintiff is able to articulate his claims pro se in light of the complexity of the Fourth Amendment issues involved. Given the Court's findings, and the fact that the Court previously provided Plaintiff with the relevant legal standards and instructions on how to present a legally sufficient 42 U.S.C. § 1983 claim, the record does not reflect exceptional circumstances warranting the appointment of counsel to assist Plaintiff at this time.

Accordingly, IT IS HEREBY ORDERED: Plaintiff's Motion for Appointment of Counsel (Ct. Rec. 14) is DENIED.

IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward a copy to Plaintiff.

20090323

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