Obico v. Mission Creek Senior Community/Mercy Housing et al

Filing 16

ORDER denying request for counsel without prejudice re 15 Letter filed by Vicente T. Obico. Signed by Judge JEFFREY S. WHITE on 1/4/12. (jjoS, COURT STAFF) (Filed on 1/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VINCENTE OBICO,

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For the Northern District of California

United States District Court

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No. C 11-03932 JSW

Plaintiff,
v.

ORDER DENYING REQUEST
FOR APPOINTMENT OF
COUNSEL WITHOUT
PREJUDICE

MISSION CREEK SENIOR
COMMUNITY/MERCY HOUSING, et al.,

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Defendants.
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On December 27, 2011, Plaintiff in this case filed a letter, in which he states that due to

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financial hardship, he is requesting a public defender to represent him in this matter. The Court

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construes this letter as a request by Plaintiff to appoint counsel in this case, in which he alleges

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that Defendants discriminated against him on the basis of age, race and national origin. “The

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decision to appoint counsel is left to the sound discretion of the district court.” Johnson v. U.S.

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Treasury Dep’t., 27 F.3d 415, 416 (9th Cir. 1994) (citing Johnson v. U.S. Dep’t of the Treasury,

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939 F.2d 820, 824 (9th Cir. 1991)). “Three factors are relevant to the trial court’s determination

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of whether to appoint counsel: (1) the plaintiff’s financial resources; (2) the efforts made by the

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plaintiff to secure counsel on his or her own; and (3) the merit of the plaintiff’s claim.”

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Johnson, 939 F.2d at 824.

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Although this Court has determined that Plaintiff qualifies to proceed in forma pauperis,

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Plaintiff has not identified what efforts - if any - he has made to secure counsel on his own

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behalf. In addition, at this stage, the Court cannot evaluate whether Plaintiff’s claim has merit.
Accordingly, Plaintiff’s request for appointment of counsel is DENIED WITHOUT

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PREJUDICE. Plaintiff may renew his request in the future, but he must file a properly noticed

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motion for appointment of counsel.

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The Court HEREBY ADVISES Plaintiff that the Handbook for Pro Se Litigants, which

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contains helpful information about proceeding without an attorney, is available through the

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Court’s website or in the Clerk’s office. The Court also advises Plaintiff that he also may wish

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to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-

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782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for a

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free appointment with an attorney who may be able to provide basic legal help, but not legal

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representation.
IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: January 4, 2012
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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OBICO et al,

Case Number: CV11-03932 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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MISSION CREEK SENIOR
9 COMMUNITY/MERCY HOUSING et al,
Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on January 4, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
14 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
15 delivery receptacle located in the Clerk's office.
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Vicente T. Obico
18 700 Brussels Street
San Francisco, CA 94134
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Dated: January 4, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk