England v. Horel et al

Filing 23

ORDER (SI, COURT STAFF) (Filed on 11/9/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT ENGLAND,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 10-153 SI (pr)
ORDER

v.

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ROBERT HOREL; et al.,

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Defendants.
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Plaintiff has requested that counsel be appointed to assist him in this action. A district

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court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an

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indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328,

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1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits

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and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal

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issues involved. See id. Neither of these factors is dispositive and both must be viewed together

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before deciding on a request for counsel under § 1915(e)(1). Here, exceptional circumstances

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requiring the appointment of counsel are not evident. The request for appointment of counsel

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is DENIED. (Docket # 22.)

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Plaintiff stated in his request that he was still awaiting a ruling on his first request for

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appointment of counsel. The court denied the first request for counsel in an order filed April 20,

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2011. The clerk will mail plaintiff another copy of that order (i.e., docket # 15).

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In light of the possibility that plaintiff was waiting for a ruling on the request for

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appointment of counsel before preparing his opposition to the motion for summary judgment,

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the court now extends the deadlines on that motion. Plaintiff must file and serve on defense

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counsel his opposition to the motion for summary judgment no later than December 23, 2011.

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Defendants must file and serve their reply brief (if any) no later than January 9, 2012.

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IT IS SO ORDERED.
Dated: November 9, 2011

_______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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