Edgar Agtarap v. Bailey, et al.

Summary

The United States District Court for the Eastern District of California denied Edgar Agtarap’s motion for appointment of counsel in his pro se civil rights action. The court found no exceptional circumstances because the complaint adequately articulated the claims, the legal issues were not unusually complex, and it was too early to assess the likelihood of success.

Holdings

1. A plaintiff in this civil-rights action has no constitutional right to appointed counsel, and the court may not require an attorney to represent the plaintiff under 28 U.S.C. § 1915(e)(1).
2. Exceptional circumstances did not warrant requesting voluntary counsel because plaintiff adequately articulated his claims, the legal issues were not unusually complex, and the case was at too preliminary a stage to establish a likelihood of success on the merits.

Questions Presented

1. Whether the court should appoint counsel or request voluntary counsel for a pro se plaintiff under 28 U.S.C. § 1915(e)(1).
2. Whether exceptional circumstances existed based on the likelihood of success on the merits, the plaintiff's ability to articulate his claims, and the complexity of the legal issues.

Disposition

other