Anderson v. Kelso, et al.

Filing 60

ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2012 GRANTING plaintiff's 57 motion for appointment of counsel; and the clerk is to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,
Plaintiff,

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No. 2: 12-cv-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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ORDER
/

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Plaintiff is a state prisoner, proceeding without counsel and in forma pauperis, in

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this action filed pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for

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appointment of counsel filed June 11, 2012.

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“In proceedings in forma pauperis, the district court ‘may request an attorney to

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represent any person unable to afford counsel.’ 28 U.S.C. § 1915(e)(1). The decision to appoint

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such counsel is within ‘the sound discretion of the trial court and is granted only in exceptional

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circumstances.’ Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). A finding of the

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exceptional circumstances of the plaintiff seeking assistance requires at least an evaluation of the

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likelihood of the plaintiff’s success on the merits and an evaluation of the plaintiff’s ability to

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articulate his claims ‘in light of the complexity of the legal issues involved.’ Wilborn v.

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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (quoting Weygandt v. Look, 718 F.2d 952, 954
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(9th Cir. 1983)).” Agyeman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir.

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2004). “Neither of these factors is dispositive and both must be viewed together before reaching

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a decision on request of counsel under section 1915(d).” Wilborn, supra, 789 F.2d at 1331 (fn.

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omitted); see also, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).

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Plaintiff meets both criteria listed above. Plaintiff alleges that he received

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inadequate medical care. Plaintiff has a chance of success as to his claims. In light of the

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complexity of his claims and chance of success, appointment of counsel is warranted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for appointment of counsel (Dkt. No. 57) is granted; and

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2. The Clerk of Court is directed to locate forthwith an attorney admitted to

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practice in this court who is willing to accept the appointment.

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DATED: June 21, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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an261.app

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