Hudson v. Trango et al

Filing 30

MINUTE ORDER denying 27 plaintiff's Motion to Appoint Counsel signed by Magistrate Judge Valerie P. Cooke on 4/15/09. (Duong, D)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARCUS HUDSON, Plaintiff, vs. B. TRANGO, et al., Defendants. / PRESENT: THE HONORABLE DEPUTY CLERK: 2:08-CV-1589-LRH(VPC) MINUTES OF THE COURT Date: April 15, 2009 VALERIE P. COOKE , UNITED STATES MAGISTRATE JUDGE LISA MANN REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF: COUNSEL FOR DEFENDANTS: NONE APPEARING NONE APPEARING XXX MINUTE ORDER IN CHAMBERS: This is a civil rights action brought by pro se prisoner plaintiff Marcus Trango. Plaintiff has moved for appointment of counsel (#27). 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 articulate his claims in light of the complexity of the legal issues involved. 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 court exercises discretion in making this finding. The court will not enter an order directing the appointment of counsel in this case. The plaintiff has demonstrated that he is able to litigate this case on his own. He has filed a complaint and motions with the court. The plaintiff may have the assistance of law clerks at the prison. Moreover, none of the issues in this case appears to be particularly complex. IT IS THEREFORE ORDERED that plaintiff's motion for appointment of counsel (#27) is DENIED. VICTORIA C. MINOR, CLERK By: /s/ Deputy Clerk 2

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