Todd v. CA Dept. of Corrections & Rehabilitation, et al.

Filing 114

ORDER Denying Plaintiff's Motion For Appointment Of Counsel (ECF No. 112 ), signed by Magistrate Judge Stanley A. Boone on 3/27/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ANDRE TODD,

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Plaintiff,
v.
ANTHONY L. HEDGPETH, et al.,
Defendants.

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Case No.: 1:08-cv-01504-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL
[ECF No. 112]

Plaintiff Michael Andre Todd is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion for appointment of counsel, filed March 21,

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2014. Plaintiff requests counsel based on his lack of income, limited access to the law library, limited

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training in the law and education, and because the issues are complex. Plaintiff’s motion for

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appointment of counsel must be denied.

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The record in this case demonstrates sufficient writing ability and legal knowledge to articulate

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the claims and proceed with this action. The mere fact that Plaintiff is proceeding to trial pro se is not

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a basis to appoint counsel. After considering Plaintiff’s incarceration, limited education, and lack of

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legal training, as referenced in his motion, the Court does not find that exceptional circumstances exist

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for appointment of counsel in this case. Plaintiff is proceeding to trial on a claim of deliberate

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indifference to a serious medical need against Defendants Lopez and Hedgpeth, and Plaintiff has
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failed to demonstrate exceptional circumstances to warrant appointment of counsel in this instance as

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Plaintiff’s situation is similar to that of other incarcerated pro se plaintiffs. Accordingly, Plaintiff’s

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motion for appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

March 27, 2014
UNITED STATES MAGISTRATE JUDGE

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