Anderson v. Deleon et al
ORDER DENYING REQUEST FOR COUNSEL 10 (Illston, Susan) (Filed on 4/15/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
WILLIAM LITTLE ANDERSON,
United States District Court
For the Northern District of California
No. C 12-6055 SI (pr)
ORDER DENYING REQUEST FOR
D. DELEON; et al.,
Plaintiff has requested that counsel be appointed to assist him in this action. A district
court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an
indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328,
1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits
and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal
issues involved. See id. Neither of these factors is dispositive and both must be viewed together
before deciding on a request for counsel under § 1915(e)(1). Here, exceptional circumstances
requiring the appointment of counsel are not evident. The request for appointment of counsel
is DENIED. (Docket # 10.)
IT IS SO ORDERED.
Dated: April 15, 2013
United States District Judge
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