Driver v. Hedrick

Filing 35

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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BILLY DRIVER, JR.,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 10-2226 SI (pr)
ORDER

v.
B. HEDRIC, warden; et al.,
Defendants.
/

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Plaintiff has requested for a third time that counsel be appointed to assist him in this

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action. A district court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to

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represent an indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789

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F.2d 1328, 1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success

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on the merits and the ability of the plaintiff to articulate his claims pro se in light of the

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complexity of the legal issues involved. See id. Neither of these factors is dispositive and both

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must be viewed together before deciding on a request for counsel under § 1915(e)(1). Here,

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

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appointment of counsel is DENIED. (Docket # 34.)

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Plaintiff sent a letter requesting a copy of the court's Local Rules. Copies of the Local

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Rules were mailed to prisons throughout California, and plaintiff may be able to review a copy

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of the Local Rules at his prison's law library.

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IT IS SO ORDERED.
Dated: November 9, 2011

_______________________
SUSAN ILLSTON
United States District Judge