Negrete v. Lewis et al
Filing
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ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 12/19/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/19/2012)
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*E-Filed 12/19/12*
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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SAN FRANCISCO DIVISION
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SALVADOR NEGRETE,
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No. C 12-0809 RS (PR)
Plaintiff,
ORDER OF DISMISSAL
v.
G.D. LEWIS, et al.,
Defendants.
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This is a federal civil rights action. The complaint was dismissed with leave to
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amend. Plaintiff has filed an amended complaint. The action is hereby DISMISSED because
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the amended complaint fails to cure the deficiencies discussed in the Court’s prior order.
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The allegations are conclusory and undetailed, and as such fail to show that plaintiff suffered
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an actual injury because of an inadequacy in the prison’s legal access program. More
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specifically, he has failed to show that the alleged inadequacy in the prison’s program
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hindered his efforts to pursue a non-frivolous claim concerning his conviction or conditions
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of confinement. See Lewis v. Casey, 518 U.S. 343, 354–55 (1996).
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No. C 12-0809 RS (PR)
ORDER OF DISMISSAL
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Petitioner’s motion for the appointment of counsel (Docket No. 7) is DENIED. The
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decision to request counsel to represent an indigent litigant under § 1915 is within “the sound
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discretion of the trial court and is granted only in exceptional circumstances.” Franklin v.
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Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). A finding of “exceptional circumstances”
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requires an evaluation of the likelihood of the plaintiff’s success on the merits and an
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evaluation of the plaintiff’s ability to articulate his claims pro se in light of the complexity of
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the legal issues involved. See Agyeman v. Corrections Corp. of America, 390 F.3d 1101,
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1103 (9th Cir. 2004). Neither the need for discovery, nor the fact that the pro se litigant
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would be better served with the assistance of counsel, necessarily qualify the issues involved
United States District Court
For the Northern District of California
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as complex. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). Plaintiff has not
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shown that exceptional circumstances exist. The Clerk shall terminate Docket No. 7, enter
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judgment in favor of defendants, and close the file.
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IT IS SO ORDERED.
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DATED: December 19, 2012
RICHARD SEEBORG
United States District Judge
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No. C 12-0809 RS (PR)
ORDER OF DISMISSAL
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