Shaheed

Filing 16

Order by Hon. Vince Chhabria denying 13 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 5/12/2014)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 KARRIEM B. SHAHEED, Plaintiff, United States District Court Northern District of California 11 12 13 14 Case No.: C 13-05751 VC (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, SAN QUENTIN, et al., Defendants. 15 16 17 18 19 20 21 Plaintiff moves for the appointment of counsel because the legal issues are complex and he is unable to adequately investigate or present the factual issues regarding his claims. “[I]t is well-established that there is generally no constitutional right to counsel in civil cases.” United States v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996). Nonetheless, under 28 U.S.C. § 1915(e)(1), the Court has the discretion to appoint counsel to “any person unable to 22 afford counsel.” The discretionary appointment of counsel typically is reserved for cases 23 involving “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). 24 “A finding of exceptional circumstances requires an evaluation of both ‘the likelihood of success 25 on the merits and the ability of the petitioner to articulate his claims pro se in light of the 26 complexity of the legal issues involved.’ Neither of these factors is dispositive and both must be 27 viewed together before reaching a decision.” Id. Here, exceptional circumstances requiring the 28 appointment of counsel are not evident. The request for appointment of counsel is DENIED. 1 If, in the future, the Court concludes it is necessary to appoint counsel to represent Plaintiff, it 2 shall do so sua sponte. 3 This Order terminates Docket No. 13. 4 IT IS SO ORDERED. 5 6 Dated: May 12, 2014 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________ VINCE CHHABRIA UNITED STATES DISTRICT JUDGE

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