Gorham v. Hedgthpeth et al

Filing 28

ORDER EXTENDING TIME; ORDER DENYING MOTION FOR THE APPOINTMENT OF COUNSEL by Judge William H. Orrick granting 27 Motion for Extension of Time to File; denying 23 Motion to Appoint Counsel. Defendant shall file a dispositive motion or notice regarding such motions before March 10, 2014. (jmdS, COURT STAFF) (Filed on 1/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARTIS E. GORHAM,

Case No. 12-cv-00890-WHO (PR)

United States District Court
Northern District of California

Plaintiff,
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v.

ORDER EXTENDING TIME;

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A. SOLIS, et al.,
Defendants.

ORDER DENYING MOTION FOR THE
APPOINTMENT OF COUNSEL

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Defendants' motion to extend time to file a dispositive motion, or notice regarding

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such motion, (Docket No. 27), is GRANTED. Such motion or notice shall be filed on or

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before March 10, 2014.

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Plaintiff's motion for the appointment of counsel (Docket No. 23) is DENIED

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without prejudice because plaintiff has not shown that exceptional circumstances exist at

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this time.

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The decision to request counsel to represent an indigent litigant under 28 U.S.C.

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§ 1915 is within "the sound discretion of the trial court and is granted only in exceptional

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circumstances." Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). A finding of

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"exceptional circumstances" requires an evaluation of the likelihood of the plaintiff's

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success on the merits and an evaluation of the plaintiff's ability to articulate his claims pro

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se in light of the complexity of the legal issues involved. See Agyeman v. Corrections

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Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). Neither the need for discovery,

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nor the fact that the pro se litigant would be better served with the assistance of counsel,

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necessarily qualify the issues involved as complex. See Rand v. Rowland, 113 F.3d 1520,

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1525 (9th Cir. 1997). When the record is more fully developed, the Court will consider on

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its own motion whether the appointment of counsel is warranted.

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The Clerk shall terminate Docket Nos. 23 and 27.

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IT IS SO ORDERED.

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Dated: January 9, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ARTIS E GORHAM JR,

Case Number: CV12-00890 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
A. SOLIS, et al.,
Defendant.

/

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 9, 2014, I SERVED a true and correct copy of the attached, by placing said copy
in a postage paid envelope addressed to the person hereinafter listed, by depositing said envelope
in the U.S. Mail.

Artis E. Gorham D-40352
Salinas Valley State Prison
FAC B3-121 Low
P.O. Box 1050; B3 121 Low
Soledad, CA 93960-1050

Dated: January 9, 2014
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk