Unreported / Non-Citable
Disposition notice
The U.S. District Court for the Eastern District of California, Magistrate Judge Allison Claire, denied plaintiff Grace Fernandez's motion to appoint counsel. Fernandez, proceeding pro se, requested counsel due to the complexity of her case and her lack of legal knowledge, noting that multiple attempts to find affordable counsel over several years had been unsuccessful and that a prior pro se case had been dismissed without prejudice due to her unfamiliarity with the service process. The court explained that appointment of counsel in civil cases is a privilege, not a right, and should be allowed only in exceptional cases, citing United States ex Rel. Gardner v. Madden. When determining whether exceptional circumstances exist, the court considered the likelihood of success on the merits and the plaintiff's ability to articulate her claims pro se in light of the complexity of the legal issues involved, citing Palmer v. Valdez. The court found no exceptional circumstances and concluded that appointment of counsel was not warranted at this time. The motion was denied.