Rohlfing v. Sokol
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/1/11 DENYING 7 Motion to Appoint Counsel. (Donati, J)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KRISTI ROHLFING,
Plaintiff,
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No. CIV 11-1042 GEB EFB PS
vs.
F. DON SOKOL, and DOES 1-100,
Defendants.
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ORDER
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This case, in which plaintiff is proceeding in propria persona and in forma pauperis, was
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referred to the undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On
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July 27, 2011, the undersigned issued an order dismissing plaintiff’s complaint with leave to
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amend. Dckt. No. 6. Among other things, the order also denied plaintiff’s motion to appoint
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counsel and plaintiff’s motion to remove various matters from Lassen County, including a case
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involving a domestic violence restraining order, a family law matter, and a personal injury
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matter. Id.
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With regard to plaintiff’s motion to appoint counsel, the order informed plaintiff that
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“[t]he court may only designate counsel to represent an indigent civil litigant pursuant to 28
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U.S.C. § 1915(d) in certain exceptional circumstances” and that “[i]n considering whether
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exceptional circumstances exist, the court must evaluate (1) the plaintiff’s likelihood of success
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on the merits; and (2) the ability of the plaintiff to articulate her claims pro se in light of the
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complexity of the legal issues involved.” Id. (citing Terrell v. Brewer, 935 F.2d 1015, 1017 (9th
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Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990); Richards v. Harper,
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864 F.2d 85, 87 (9th Cir. 1988)). The court then denied plaintiff’s motion to appoint counsel
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because it could not “conclude that plaintiff’s likelihood of success, the complexity of the issues,
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or the degree of plaintiff’s ability to articulate her claims amount to exceptional circumstances
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justifying the appointment of counsel at this time.” Dckt. No. 6.
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Then, on July 27, 2011, plaintiff filed a further motion to appoint counsel. Dckt. No. 7.
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In the motion, plaintiff argues that she is severely disabled and that it is “virtually impossible”
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for her to proceed in this case without the appointment of counsel because of her physical
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limitations and financial difficulties. Id. at 2. She further adds that there is no possibility of her
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getting fair treatment in her personal injury case in Susanville and that her ex-husband, who has
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a criminal record, “won’t stop stalking” her.1 Id. at 3. However, plaintiff’s complaint has been
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dismissed and plaintiff has not yet filed an amended complaint in conformance with the July 27
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order. Therefore, the court still cannot conclude that plaintiff’s likelihood of success, the
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complexity of the issues, or the degree of plaintiff’s ability to articulate her claims amount to
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exceptional circumstances justifying the appointment of counsel at this time. Accordingly, IT IS
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HEREBY ORDERED that plaintiff’s motion for the appointment of counsel, Dckt. No. 7, is
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denied without prejudice.
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DATED: August 1, 2011.
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Additionally, to the extent that plaintiff’s filing also includes a request for the court to
reconsider its ruling on the denial of plaintiff’s motion to remove her pending state law cases,
such a request is denied since plaintiff has not shown that she is entitled to such reconsideration.
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