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