Storman v. Kaiser Health Plan et al

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 9/20/17 ORDERING that Plaintiff's MOTION to Appoint Counsel 10 is DENIED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL D. STORMAN, 12 Plaintiff, 13 14 15 16 17 v. No. 2:17-CV-0976 MCE AC ORDER U.S. OFFICE OF THE SECRETARY DHHS, Defendant. Plaintiff is proceeding in this action pro se and in forma pauperis. This matter was 18 accordingly referred to the undersigned by E.D. Cal. 302(c)(21). Plaintiff has filed a motion to 19 appoint counsel. ECF No. 10. Plaintiff requests that the court appoint counsel primarily because 20 he “is mostly homebound and it is difficult for him to come to court.” ECF No. 10 at 1. 21 In general, a person has no right to counsel in civil actions. See Storseth v. Spellman, 654 22 F.2d 1349, 1653 (9th Cir. 1981). In exceptional circumstances, the court may appoint counsel for 23 indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1). Agyeman v. Corr. Corp. of Am., 390 24 F.3d 1101, 1103 (9th Cir. 2004). When determining whether “exceptional circumstances” exist, 25 the court must consider the likelihood of success on the merits as well as the ability of the 26 plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. 27 Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Having considered those factors, the court 28 finds there are no exceptional circumstances in this case. 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to appoint counsel (ECF 2 No. 10) is DENIED. 3 DATED: September 20, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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