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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 WILLIAM JOHNSON, Case No. 11-6693 JST (PR) Plaintiff, 7 ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL v. 8 9 M. SEPULVEDA, (Docket No. 25) Defendant. 10 United States District Court Northern District of California 11 12 Plaintiff has requested that counsel be appointed to assist him in this action. A district 13 court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an indigent 14 civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th 15 Cir. 1986). This requires an evaluation of both the likelihood of success on the merits and the 16 ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues 17 involved. See id. Neither of these factors is dispositive and both must be viewed together before 18 deciding on a request for counsel under § 1915(e)(1). See id. Here, exceptional circumstances 19 requiring the appointment of counsel are not evident. Accordingly, the request for appointment of 20 counsel is DENIED. 21 This order terminates Docket No. 25. 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: April 5, 2013 _______________________________ JON S. TIGAR United States District Judge

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