Torres v. Lewis

Filing 14

ORDER DENYING 13 MOTION to Appoint Counsel. Signed by Judge Jeffrey S. White on 11/7/11. (jjoS, COURT STAFF) (Filed on 11/7/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY TORRES,

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Plaintiff,

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v.

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G. LEWIS; MATTHEW CATE; G.
KELLEY,

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Defendants.
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No. C 11-2638 JSW (PR)
ORDER DENYING MOTION
FOR APPOINTMENT OF
COUNSEL

(Docket No. 13)

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Plaintiff, an inmate at Pelican Bay State Prison, has filed this pro se civil rights
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complaint under 42 U.S.C. § 1983. There is no constitutional right to counsel in a civil
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case. Lassiter v. Dep't of Social Services, 452 U.S. 18, 25 (1981). Section1915 confers
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on a district court only the power to "request" that counsel represent a litigant who is
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proceeding in forma pauperis. See 28 U.S.C. § 1915(e)(1). As a result, the Court has
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only the power to ask pro bono counsel to represent Plaintiff, not the power to “appoint”
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counsel. Plaintiff is capable of presenting his claims effectively, and the issues, at least
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at this stage, are not complex. Consequently, the motion (docket number 13) is
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DENIED.
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IT IS SO ORDERED.
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DATED: November 7, 2011
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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY TORRES,

Case Number: CV11-02638 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.

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G. LEWIS et al,

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Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 7, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Anthony Torres
Pelican Bay State Prison
P.O. Box 7500
#K59800
Crescent City, CA 95532
Dated: November 7, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk