Villalobos v. Vilsack

Filing 8

ORDER by Judge Maria-Elena James denying 6 Motion to Appoint Counsel (cdnS, COURT STAFF) (Filed on 1/31/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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MICHAEL A. VILLALOBOS,
Plaintiff,

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v.
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No. C 12-0138 MEJ

ORDER DENYING PLAINTIFF’S
REQUEST TO APPOINT
COUNSEL

TOM J. VILSACK,
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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On January 25, 2012, Plaintiff filed a request to appoint counsel in this lawsuit against

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Defendant Tom J. Vilsack. Dkt. No. 6. Plaintiff explains he has limited income to support

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representation.

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Generally, a person has no right to appointed counsel in civil actions. Storseth v. Spellman,

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654 F.2d 1349, 1353 (9th Cir. 1981). A court may under “exceptional circumstances” appoint

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counsel for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1). Agyeman v. Corrs.Corp. of

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Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining whether “exceptional circumstances”

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exist, a court considers “the likelihood of success on the merits as well as the ability of the petitioner

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to articulate his claims pro se in light of the complexity of the legal issues involved.” Weygandt v.

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Look, 718 F.2d 952, 954 (9th Cir. 1983). Neither of these considerations is dispositive; rather, they

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must be viewed together. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).

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Here, Plaintiff has presented no evidence that the circumstances are “exceptional” within the

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meaning described above. There is no indication that this case is particularly complex, and he has

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presented no evidence of any attempts to obtain counsel. Accordingly, there is no legal basis to

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support the appointment of counsel and the request is denied. However, Plaintiff may wish to seek

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assistance from the Legal Help Center, a free service of the Volunteer Legal Services Program,

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either by calling (415.782.9000, extension 8657) or signing up for an appointment on the 15th Floor

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of the Courthouse, Room 2796, 450 Golden Gate Avenue, San Francisco, California. At the Legal

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Help Center, Plaintiff may speak with an attorney who may be able to provide basic legal help but

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not legal representation.

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IT IS SO ORDERED.

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Dated: January 31, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL A. VILLALOBOS,
Case Number: CV12-00138 MEJ

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Plaintiff,
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CERTIFICATE OF SERVICE
v.

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TOM J. VILSACK et al,
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Defendant.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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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 January 31, 2012, 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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Michael A. Villalobos
2885 Bouth Bradley Road
Santa Maria, CA 93455

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Dated: January 31, 2012

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Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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