Johnson v. Grounds et al

Filing 26

ORDER DENYING PLAINTIFFS MOTION FOR APPOINTMENT OF COUNSEL. Signed by Judge Jon S. Tigar on April 5, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 4/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM JOHNSON,

Case No. 11-6693 JST (PR)

Plaintiff,
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ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
COUNSEL

v.
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M. SEPULVEDA,

(Docket No. 25)

Defendant.
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United States District Court
Northern District of California

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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 indigent

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civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th

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Cir. 1986). This requires an evaluation of both the likelihood of success on the merits and the

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

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

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

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requiring the appointment of counsel are not evident. Accordingly, the request for appointment of

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counsel is DENIED.

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This order terminates Docket No. 25.

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IT IS SO ORDERED.

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Dated: April 5, 2013
_______________________________
JON S. TIGAR
United States District Judge