McNeil v. Commissioner of Social Security

Filing 39

ORDER REQUIRING a Response from Plaintiff RE Appointment of Counsel signed by Magistrate Judge Gary S. Austin on 2/22/2018. (Sant Agata, S)

1
2
3

UNITED STATES DISTRICT COURT

4

EASTERN DISTRICT OF CALIFORNIA

5
6

HARLEY McNEIL,

7
8

Plaintiff,
ORDER REQUIRING A RESPONSE FROM
PLAINTIFF RE: APPOINTMENT OF
COUNSEL

vs.

9
10

1:15-cv-01442 AWI-GSA

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

11

Defendant.

12
13
Plaintiff is proceeding in this action pro se. A review of the pleadings reveals that this
14
case presents complex legal issues and that Plaintiff suffers from cognitive impairments as a
15

result of a motorcycle accident that occurred several years ago. In light of Plaintiff’s limitations

16
the Court has sua sponte determined that exceptional circumstances exist that warrants the
17
appointment of counsel in this matter. Terrell v. Brewer, 925 F. 2d 1015 (9th Cir. 1991). The
18
Court has contacted Jonathan Pena, an attorney who specializes in social security cases, and he
19
has indicated that he is willing to assist Plaintiff during the proceedings before this Court.
20
Accordingly, by no later than March 2, 2018, Plaintiff shall file a statement indicating whether
21
he will accept the appointment of counsel in this action. The Court encourages Plaintiff to do so
22
given the complexity of the issues presented and his medical history.
23
24
25
26
27
28

IT IS SO ORDERED.
Dated:

February 22, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE