Garcia v. Fresno County

Filing 9

ORDER denying 8 Motion to Appoint Counsel signed by Magistrate Judge Sandra M. Snyder on 5/30/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEPHEN GARCIA,

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CASE NO. 1:11-cv-01612-AWI-SMS
Plaintiff,

ORDER DENYING PLAINTIFF’S REQUEST
FOR APPOINTMENT OF COUNSEL

v.

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FRESNO COUNTY,

(Doc. 8)

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Defendant.
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/

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Plaintiff Stephen Garcia has requested the appointment of an attorney to represent him in

18 this case. Having reviewed Plaintiff's motion in its entirety, this Court denies Plaintiff's motion.
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“The court may request an attorney to represent any person unable to afford counsel.” 28

20 U.S.C. § 1915(e)(1). Nonetheless, there is no constitutional right to counsel in civil cases. United
21 States v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996). Nor is there a right to an attorney in claims
22 brought pursuant to 42 U.S.C. § 1983. Campbell v. Burt, 141 F.3d 927, 931 (9th Cir. 1998).
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Nonetheless, district courts have the discretion, pursuant to 28 U.S.C. § 1915(e)(1), to

24 appoint counsel for indigent civil litigants upon a showing of exceptional circumstances. See
25 Agyeman v. Corrections Corp. of Amer., 390 F.3d 1101, 1103 (9th Cir. 2004), cert. denied, 545
26 U.S. 1128 (2005); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Burns v. County of
27 King, 883 F.2d 819, 824 (9th Cir. 1989). To find exceptional circumstances, a court must evaluate
28 both the likelihood of the plaintiff’s success on the merits and the plaintiff’s ability to articulate
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1 his claims in the light of the complexity of the legal issues alleged. Agyemen, 390 F.3d at 1103.
2 “Neither of these factors is dispositive and both must be viewed together before reaching a
3 decision.’” Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
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In the present case, the court does not find the required exceptional circumstances.

5 Plaintiff’s claims of excessive force, denial of medical attention, and filing of a false police report
6 are straightforward and fact dependent. As evidenced by his ability to prepare a complaint and to
7 follow the Court’s directions in preparing his amended complaint, Plaintiff clearly possesses the
8 necessary abilities to set forth his claims before this Court.
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Accordingly, Plaintiff’s request for appointment of counsel is hereby DENIED.

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11 IT IS SO ORDERED.
12 Dated:
icido3
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May 30, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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