Adams v. Gibson et al

Filing 44

MUNITES OF THE COURT denying 36 Motion to Appoint Counsel. (Mena-Sanchez, L)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RONALD ADAMS, ) ) Plaintiff, ) ) vs. ) ) C. GIBSON, et al., ) ) Defendants. ) ____________________________) 2:07-cv-0777-HDM (RAM) MINUTES OF THE COURT February 9, 2010

PRESENT: THE HONORABLE ROBERT A. McQUAID, JR., U.S. MAGISTRATE JUDGE DEPUTY CLERK: JENNIFER COTTER REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Plaintiff has filed a Motion for the Appointment of Counsel (Doc. #36). A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). In very limited circumstances, federal courts are empowered to request an attorney to represent an indigent civil litigant. The circumstances in which a court will make such a request, however, are exceedingly rare, and the court will make the request under only extraordinary circumstances. United States v. 30.64 Acres of Land, 795 F.2d 796, 799-800 (9th Cir. 1986); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). A finding of such exceptional circumstances requires that the court evaluate both the likelihood of success on the merits and the pro se litigant's ability to advocate his claims. Neither factor is controlling; both must be viewed together in making the finding. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991), citing Wilborn, supra, 789 F.2d at 1331. The district court exercises discretion in making this finding. /// /// ///

MINUTES OF THE COURT 2:07-cv-0777-HDM (RAM) February 9, 2010 Page Two

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Plaintiff's Motion for the Appointment of Counsel (Doc. #36) is DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk