Brown v. Jewell et al

Filing 38

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/24/17 ORDERING that plaintiff's request for the appointment of counsel (ECF No. 35 ) is DENIED. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARILEE BROWN,

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No. 2:16-cv-0637 MCE CKD PS

Plaintiff,
v.

ORDER

SALLY JEWELL, et al.,
Defendants.

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Plaintiff has again requested appointment of counsel. It appears plaintiff is requesting
appointment of counsel pursuant to 42 U.S.C. § 2000e-5(f)(1)(B).
Any successful application for appointment of counsel must comply with criteria set forth

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in Bradshaw v. Zoological Society of San Diego, 662 F.2d 1301 (9th Cir. 1981). Before

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appointing counsel to plaintiff, the court must consider (1) plaintiff’s financial resources, (2) the

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efforts already made by plaintiff to secure counsel, and (3) plaintiff’s likelihood of success on the

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merits. Id. at 1318. Appointment of counsel is not a matter of right. See Ivey v. Board of

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Regents, 673 F. 2d 266 (9th Cir. 1982).

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The court previously denied plaintiff’s request for appointment of counsel. ECF No. 9. In

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light of the findings and recommendations recommending dismissal of this action, plaintiff cannot

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demonstrate the third factor required under Bradshaw. The court has therefore determined

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appointment of counsel is not warranted in this matter.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of

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counsel (ECF No. 35) is denied.

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Dated: March 24, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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