Brooks v. Spearman et al

Filing 51

ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2018 DENYING plaintiff's 39 , 45 , 46 motions for appointment of counsel. On or before 8/1/2018, plaintiff shall inform the court whether he intends to appear at the 9/11/2018 settlement conference in person or by phone. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS LYN BROOKS,

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Plaintiff,

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No. 2:17-cv-2172 JAM KJN P

v.

ORDER

M. E. SPEARMAN, et al.,

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Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions for appointment of

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counsel (ECF Nos. 39, 45, 46).
Generally, a person has no right to counsel in civil actions. See Campbell v. Burt, 141

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F.3d 927, 931 (9th Cir. 1998). A court has discretion to appoint counsel for indigent civil

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litigants pursuant to 28 U.S.C. § 1915(e)(1), but an appointment of counsel should only be

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granted under “exceptional circumstances.” Agyeman v. Corrections Corp. of Am., 390 F.3d

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1101, 1103 (9th Cir. 2004). When determining whether “exceptional circumstances” exist, the

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court considers “the likelihood of success on the merits as well as the ability of the [plaintiff] to

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articulate his claims pro se in light of the complexity of the legal issues involved.” Weygandt v.

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Look, 718 F.2d 952, 954 (9th Cir. 1983).

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After reviewing the record, the undersigned finds that appointment of counsel is not
warranted. Accordingly, plaintiff’s motions for appointment of counsel are denied.
This action is set for a settlement conference before the undersigned on September 11,

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2018. Plaintiff, who is no longer incarcerated, may appear at the settlement conference either in

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person or by phone. On or before August 1, 2018, plaintiff shall inform the court whether he

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intends to appear at the settlement conference in person or by phone.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions for appointment of counsel (ECF Nos. 39, 45, 46) are denied;

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2. On or before August 1, 2018, plaintiff shall inform the court whether he intends to

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appear at the September 11, 2018 settlement conference in person or by phone.

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Dated: May 16, 2018

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Br2172.ord
kc

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