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

Filing 9

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DENYING MOTION FOR APPOINTMENT OF COUNSE AND INSTRUCTIONS TO THE CLERK. Signed by Judge Jeffrey S. White on 7/13/12. (jjoS, COURT STAFF) (Filed on 7/13/2012)

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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

Plaintiffs,
v.
CITY AND COUNTY OF SAN FRANCISCO,
Defendants.

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ORDER GRANTING
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND
DENYING MOTION FOR
APPOINTMENT OF COUNSEL
WITHOUT PREJUDICE AND
INSTRUCTIONS TO THE CLERK
(Docket Nos. 2, 3)

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On June 20, 2012, Plaintiffs filed a Complaint alleging that Defendant, Plaintiffs’

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employer, have discriminated against them. On that same date, Plaintiffs filed an application to

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proceed in forma pauperis. Having considered the application, the Court finds good cause to

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grant the request. Accordingly, IT IS ORDERED that the application to proceed in forma

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pauperis is GRANTED and that the Clerk shall issue the summons. IT IS FURTHER

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ORDERED that the U.S. Marshal for the Northern District of California serve, without

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prepayment of fees, a copy of the complaint, any amendments, scheduling orders, attachments,

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Plaintiffs’ affidavit and this Order upon the Defendant

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Plaintiffs also move for appointment of counsel. Pursuant to 42 U.S.C. § 2000e-5(f)(1),

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a court may appoint counsel for a plaintiff “in such circumstances as the court may deem just.”

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There are three relevant factors to consider in determining “whether to appoint counsel: (1) the

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plaintiff’s financial resources; (2) the efforts made by the plaintiff to secure counsel on his or

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her own; and (3) the merit of the plaintiff’s claim.” Johnson v. United States Treasury

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Department, 27 F.3d 415, 416-17 (9th Cir. 1994). Ultimately, the decision on whether to

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appoint counsel is a matter left to the Court’s discretion. Id. at 416.

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Although this Court has determined that Plaintiffs qualify to proceed in forma pauperis,

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Plaintiffs have not identified what efforts - if any - they have made to secure counsel on their

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own behalf. In addition, at this stage, the Court cannot evaluate whether Plaintiffs’ claim has

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merit. Accordingly, Plaintiff’s request for appointment of counsel is DENIED WITHOUT

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PREJUDICE. Plaintiffs may renew their request in the future, but they must file a properly

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noticed motion for appointment of counsel.

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The Court HEREBY ADVISES Plaintiffs that the Handbook for Pro Se Litigants, which
contains helpful information about proceeding without an attorney, is available through the

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For the Northern District of California

United States District Court

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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: July 13, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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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 OF SAN
FRANCISCO et al,

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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 July 13, 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
2800 Bellwort Court
Antioch, CA 94531

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Frank McDowell
2800 Bellwort Court
Antioch, CA 94531

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Dated: July 13, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk