Campbell v. Myers et al

Filing 24

ORDER denying without prejudice Plaintiff's 21 Motion to Appoint Counsel. Signed by Magistrate Judge David K Duncan on 2/8/13.(REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Troy L. Campbell, Plaintiff, 10 11 vs. 12 Michael Myers, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV-12-1222-PHX-NVW (DKD) ORDER 15 This matter arises on Plaintiff’s Motion to Appoint Counsel (Doc. 21). Plaintiff requests 16 that the court appoint counsel because he lacks legal training. Defendant opposes Plaintiff’s 17 request (Doc. 23). 18 There is no constitutional right to appointment of counsel in a civil case. See Johnson 19 v. Dep't of Treasury, 939 F.2d 820, 824 (9th Cir. 1991). Appointment of counsel in a civil rights 20 case is required only when exceptional circumstances are present. Terrell v. Brewer, 935 F.2d 21 1015, 1017 (9th Cir. 1991) (citing Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). 22 In determining whether to appoint counsel, the court should consider the likelihood of success 23 on the merits, and the ability of plaintiff to articulate his claims in view of their complexity. 24 Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990). 25 Plaintiff has not demonstrated a likelihood of success on the merits, nor has he shown 26 that he is experiencing difficulty in litigating this case because of the complexity of the issues 27 involved. After reviewing the file, the Court determines that this case does not present 28 exceptional circumstances requiring the appointment of counsel. 1 Accordingly, 2 IT IS HEREBY ORDERED that Plaintiff’s Motion to Appoint Counsel (Doc. 21) is 3 4 DENIED without prejudice. DATED this 8th day of February, 2013. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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