White v. Ryan et al

Filing 27

ORDER granting Petitioner's request for additional time to file a response to the R&R, to and including, 3/19/12 re: 25 ; denying 21 Petitioner's request for appointment of counsel. Signed by Judge G Murray Snow on 3/5/12.(TLJ)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Boy White,
Petitioner,

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vs.

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Director Charles Ryan, et al.,

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Respondents.

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No. CV 11-2126-PHX-GMS
ORDER

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Pending before the Court is Petitioner’s Response to Order (Doc. 25) requesting

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additional time to file an objection to the R&R and request for appointment of counsel. The

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Court will treat the Response as a Motion to Extend and Motion for Appointment of Counsel.

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There is no constitutional right to appointed counsel in a civil case. See Ivey v. Bd.

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of Regents of Univ. of Alaska, 673 F.2d 266, 269 (9th Cir. 1982). The Court, however, does

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have the discretion to appoint counsel in “exceptional circumstances.” See 28 U.S.C.

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§ 1915(e)(1); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Aldabe v. Aldabe,

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616 F.2d 1089, 1093 (9th Cir. 1980). “A finding of exceptional circumstances requires an

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evaluation of both ‘the likelihood of success on the merits and the ability of the petitioner to

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articulate his or her claim pro se in light of the complexity of the legal issues involved.’”

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Wilborn, 789 F.2d at 1331(quoting Weygant v. Look, 718 F.2d 952, 954 (9th Cir. 1983)); see

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Richards v. Harper, 864 F.2d 85, 87 (9th Cir. 1988). “Neither of these factors is dispositive

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and both must be viewed together before reaching a decision on request of counsel” under

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section 1915(e)(1). Wilborn, 789 F.2d at 1331.

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Having considered both factors, the Court finds that Petitioner has not demonstrated

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a likelihood of success on the merits or that any difficulty he is experiencing in attempting

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to litigate his case is due to the complexity of the issues involved. While Plaintiff has

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pointed to difficulties that he is experiencing, such difficulties do not make his case

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exceptional. Accordingly, at the present time, this case does not present “exceptional

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circumstances” requiring the appointment of counsel. Accordingly,

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IT IS ORDERED granting Petitioner’s request for additional time to file a response
to the R&R, to and including, March 19, 2012.
IT IS FURTHER ORDERED denying Petitioner’s request for appointment of
counsel.
DATED this 5th day of March, 2012.

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