Contreras v. Moreno et al

Filing 9

ORDER Denying Plaintiff's 3 Request For Counsel signed by Magistrate Judge Dennis L. Beck on 1/20/2009. (Esteves, C)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 ROCKY MEL CONTRERAS, 9 10 Plaintiff, 11 v. 12 ERNIE MORENO, et al., 13 14 Defendants. 15 16 Plaintiff Rocky Mel Contreras ("Plaintiff") is proceeding pro se and in forma pauperis in 17 this action. On January 14, 2008, concurrent with his complaint, Plaintiff filed a request for 18 counsel. 19 A district court has the discretion to appoint counsel to represent a person unable to 20 afford representation under 28 U.S.C. 1915(e)(1). However, the court may only do so under 21 "exceptional circumstances." Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991). 22 Exceptional circumstances do not exist in this action. 23 Plaintiff also cites 42 U.S.C. 2000e-5(f)(1) in support of his request. While that section 24 gives the Court discretion to appoint counsel in Title VII employment discrimination actions, the 25 Court must examine certain factors in making its determination. Ivey v. Board of Regents of 26 27 28 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09cv0087 OWW DLB ORDER DENYING PLAINTIFF'S REQUEST FOR COUNSEL (Document 3) UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Univ. Alaska, 673 F.2d 266, 269. One of the factors is whether Plaintiff's claim is meritorious.1 As discussed in the order dismissing Plaintiff's complaint with leave to amend, issued by separate order, it is unclear whether Plaintiff can state a claim for which relief can be granted. The Court, therefore, is unable to determine whether Plaintiff's claim has merit and cannot grant counsel under section 2000e-5(f)(1). Accordingly, Plaintiff's request for appointment of counsel under both 28 U.S.C. 1915(e)(1) and section 2000e-5(f)(1) is DENIED. IT IS SO ORDERED. Dated: 3b142a January 20, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE The other two factors are (1) the Plaintiff's financial resources; and (2) the efforts made by the Plaintiff to s e c u r e counsel on his own. Ivey, 673 F.2d at 269. 1 2

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