Anderson v. Deleon et al

Filing 12

ORDER DENYING REQUEST FOR COUNSEL 10 (Illston, Susan) (Filed on 4/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM LITTLE ANDERSON,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 12-6055 SI (pr)
ORDER DENYING REQUEST FOR
COUNSEL

v.
D. DELEON; et al.,
Defendants.
/

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Plaintiff has requested that counsel be appointed to assist him in this action. A district

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court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an

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indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328,

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1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits

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and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal

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issues involved. See id. Neither of these factors is dispositive and both must be viewed together

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before deciding on a request for counsel under § 1915(e)(1). Here, exceptional circumstances

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requiring the appointment of counsel are not evident. The request for appointment of counsel

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is DENIED. (Docket # 10.)

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IT IS SO ORDERED.
Dated: April 15, 2013

_______________________
SUSAN ILLSTON
United States District Judge