Shaheed
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KARRIEM B. SHAHEED,
Plaintiff,
United States District Court
Northern District of California
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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.
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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
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afford counsel.” The discretionary appointment of counsel typically is reserved for cases
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involving “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).
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“A finding of exceptional circumstances requires an evaluation of both ‘the likelihood of success
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on the merits and the ability of the petitioner to articulate his claims pro se in light of the
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complexity of the legal issues involved.’ Neither of these factors is dispositive and both must be
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viewed together before reaching a decision.” Id. Here, exceptional circumstances requiring the
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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.
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This Order terminates Docket No. 13.
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IT IS SO ORDERED.
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6 Dated: May 12, 2014
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United States District Court
Northern District of California
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_____________________________
VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE
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