Anderson v. Deleon et al

Filing 12

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

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 WILLIAM LITTLE ANDERSON, 9 Plaintiff, United States District Court For the Northern District of California 10 11 12 No. C 12-6055 SI (pr) ORDER DENYING REQUEST FOR COUNSEL v. D. DELEON; et al., Defendants. / 13 14 Plaintiff has requested that counsel be appointed to assist him in this action. A district 15 court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an 16 indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328, 17 1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits 18 and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal 19 issues involved. See id. Neither of these factors is dispositive and both must be viewed together 20 before deciding on a request for counsel under § 1915(e)(1). Here, exceptional circumstances 21 requiring the appointment of counsel are not evident. The request for appointment of counsel 22 is DENIED. (Docket # 10.) 23 24 25 26 27 28 IT IS SO ORDERED. Dated: April 15, 2013 _______________________ SUSAN ILLSTON United States District Judge

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