Hall et al v. California Department of Social Services, et al

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/17/2015 DENYING 14 Plaintiff's request for appointment of counsel; Plaintiff's request for an extension of time is GRANTED; and plaintiff shall file an amended complaint and his motion for reconderation within 30 days from the date of service of this order. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JAMA HALL, et al.,

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Plaintiffs,

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No. 2:14-cv-745-KJM-EFB PS

v.

ORDER

CALIFORNIA DEPARTMENT OF
SOCIAL SERVICES, et al.,
Defendants.

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On May 5, 2015, the court screened plaintiff’s original complaint. The complaint was

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dismissed, and plaintiff was granted 30 days to file an amended complaint. ECF No. 12. On June

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1, 2015, plaintiff filed a motion for appointment of counsel and a request an extension of time to

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file an amended complaint and a motion to reconsider the May 5, 2015 screening order. Id. ECF

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No. 14.

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28 U.S.C. § 1915(e)(1) authorizes the appointment of counsel to represent an indigent

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civil litigant in certain exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017

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(9th Cir.1991); Wood v. Housewright, 900 F.2d 1332, 1335–36 (9th Cir.1990); Richards v.

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Harper, 864 F.2d 85, 87 (9th Cir.1988). In considering whether exceptional circumstances exist,

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the court must evaluate (1) the plaintiff’s likelihood of success on the merits; and (2) the ability of

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the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.
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Terrell, 935 F.2d at 1017. The court 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 his claims amount to

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exceptional circumstances justifying the appointment of counsel at this time.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s request for appointment of counsel is denied;

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2. Plaintiff’s request for an extension of time (ECF No. 14) is granted; and

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3. Plaintiff shall file an amended complaint and his motion for reconsideration within

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thirty days from the date of service of this order. The amended complaint must bear the docket

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number assigned to this case and must be labeled “First Amended Complaint.” Failure to timely

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file an amended complaint in accordance with the April 5, 2015 order will result in a

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recommendation that this action be dismissed.

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DATED: June 17, 2015.

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