McDowell et al v. City and County of San Francisco et al

Filing 13

ORDER TAKING THIRD MOTION FOR APPOINTMENT OF COUNSEL UNDER SUBMISSION. Signed by Judge Jeffrey S. White on 8/6/12. (jjoS, COURT STAFF) (Filed on 8/6/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 FRANK AND DEBORAH MCDOWELL, 11 For the Northern District of California United States District Court 10 12 13 No. C 12-03192 JSW ORDER TAKING THIRD MOTION FOR APPOINTMENT OF COUNSEL UNDER SUBMISSION Plaintiffs, v. CITY AND COUNTY OF SAN FRANCISCO, Defendants. 14 / 15 16 On July 31, 2012, Plaintiffs filed a third request for appointment of counsel. Pursuant to 17 42 U.S.C. § 2000e-5(f)(1), a court may appoint counsel for a plaintiff “in such circumstances as 18 the court may deem just.” There are three relevant factors to consider in determining “whether 19 to appoint counsel: (1) the plaintiff’s financial resources; (2) the efforts made by the plaintiff to 20 secure counsel on his or her own; and (3) the merit of the plaintiff’s claim.” Johnson v. United 21 States Treasury Department, 27 F.3d 415, 416-17 (9th Cir. 1994). Ultimately, the decision on 22 whether to appoint counsel is a matter left to the Court’s discretion. Id. at 416. 23 In their most recent motion, Plaintiffs attest that they have consulted four law firms, 24 each of which has declined to represent them in this matter. Plaintiffs have now established the 25 first and second requirements for appointment of counsel. At this stage, the Court still cannot 26 evaluate whether Plaintiffs’ claim has merit. Accordingly, the Court shall take the motion 27 under submission and shall reserve ruling on Plaintiffs’ third request for appointment of counsel 28 pending further developments in this case. 1 The Court AGAIN ADVISES Plaintiffs that the Handbook for Pro Se Litigants, which 2 contains helpful information about proceeding without an attorney, is available through the 3 Court’s website or in the Clerk’s office. The Court also advises Plaintiffs that they also may 4 wish to seek assistance from the Legal Help Center. Plaintiffs may call the Legal Help Center 5 at 415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, 6 for a free appointment with an attorney who may be able to provide basic legal help, but not 7 legal representation. 8 IT IS SO ORDERED. 9 Dated: August 6, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 FRANK AND DEBORAH MCDOWELL et al, 8 9 CERTIFICATE OF SERVICE Plaintiff, 7 Case Number: CV12-03192 JSW v. CITY AND COUNTY FRANCISCO et al, OF SAN 10 For the Northern District of California United States District Court Defendant. 11 12 13 14 15 / 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 August 6, 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 Deborah McDowell Frank McDowell 2800 Bellwort Court Antioch, CA 94531 Dated: August 6, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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