Beckely v. Raith et al

Filing 11

ORDER by Judge Maria-Elena James denying 4 Motion to Appoint Counsel (cdnS, COURT STAFF) (Filed on 7/9/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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MATTHEW BECKELY,

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Plaintiff,
v.

No. C 13-2707 MEJ
ORDER DENYING REQUEST TO
APPOINT COUNSEL

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REINHARD RAITH, et al.,
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Defendants.
_____________________________________/

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By motion dated June 12, 2013, Plaintiff Matthew Beckely seeks appointed counsel in this
lawsuit. Generally, a person has no right to appointed counsel in civil actions. Storseth v. Spellman,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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654 F.2d 1349, 1353 (9th Cir. 1981). A court may under “exceptional circumstances” appoint

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counsel for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1). Agyeman v. Corrs.Corp. of

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Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining whether “exceptional circumstances”

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exist, a court considers “the likelihood of success on the merits as well as the ability of the petitioner

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to articulate his claims pro se in light of the complexity of the legal issues involved.” Weygandt v.

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Look, 718 F.2d 952, 954 (9th Cir. 1983). Neither of these considerations is dispositive; rather, they

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must be viewed together. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).

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Here, Plaintiff has presented no evidence that the circumstances are “exceptional” within the

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meaning described above. Accordingly, there is no legal basis to support the appointment of counsel

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and the request is denied. However, Plaintiff may wish to seek assistance from the Legal Help

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Center, a free service of the Volunteer Legal Services Program, either by calling (415.782.9000,

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extension 8657) or signing up for an appointment on the 15th Floor of the Courthouse, Room 2796,

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450 Golden Gate Avenue, San Francisco, California. At the Legal Help Center, Plaintiff may speak

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with an attorney who may be able to provide basic legal help but not legal representation.

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IT IS SO ORDERED.
Dated: July 9, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW BECKELY,
No. C 13-02707 MEJ

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Plaintiff(s),
v.

CERTIFICATE OF SERVICE

REINHARD RAITH,
Defendant(s).

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/

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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.

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That on July 9, 2013, 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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For the Northern District of California

UNITED STATES DISTRICT COURT

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Matthew Beckely
2885 Sanford Avenue SW #25711
Grandville, MI 49418

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Dated: July 9, 2013
Richard W. Wieking, Clerk
By: Rose Maher, Deputy Clerk

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