Rojo

Filing 44

ORDER by Judge Vince Chhabria denying 41 Motion to Appoint Counsel (knm, COURT STAFF) (Filed on 5/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES E. ROJO,

Case No. 12-cv-02518-VC (PR)

Plaintiff,
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v.

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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DARRIN BRIGHT, et al.,

Re: Dkt. No. 41

Defendants.

United States District Court
Northern District of California

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Plaintiff James E. Rojo moves for the appointment of counsel because the legal issues are

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complex and he is unable to adequately investigate or present the factual issues regarding his

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claims.

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“[I]t is well-established that there is generally no constitutional right to counsel in civil

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cases.” United States v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996). Nonetheless, under 28

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U.S.C. § 1915(e)(1), the Court has the discretion to appoint counsel to “any person unable to

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afford counsel.” The discretionary appointment of counsel typically is reserved for cases

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involving “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).

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“A finding of exceptional circumstances requires an evaluation of both ‘the likelihood of success

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on the merits and the ability of the petitioner to articulate his claims pro se in light of the

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complexity of the legal issues involved.’ Neither of these factors is dispositive and both must be

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viewed together before reaching a decision.” Id. Here, exceptional circumstances requiring the

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appointment of counsel are not evident. The request for appointment of counsel is DENIED.

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If, in the future, the Court concludes it is necessary to appoint counsel to represent Plaintiff, it

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shall do so sua sponte.

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This Order terminates Docket No. 41.

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IT IS SO ORDERED.

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Dated:

May 29, 2014
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VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES E. ROJO,

Case No. 12-CV-02518-VC (PR)

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DARRIN BRIGHT, ET AL.,
Defendant.

United States District Court
Northern District of California

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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 5/29/2014, 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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James E. Rojo
J-53355
480 Alta Road, D20134
San Diego, CA 92179

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Dated: 5/29/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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