Sanders v. Alameda County, City of Dublin, CA, Sheriff's Department et al

Filing 38

ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL 37 (Illston, Susan) (Filed on 12/12/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERICK RANDALL SANDERS,

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United States District Court
For the Northern District of California

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No. C 14-1298 SI (pr)

Plaintiff,

ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL

v.
Sheriff's Deputy MIXON,
Defendant.
/

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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 only claim in this action is a

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straightforward excessive force claim that was adequately explained in plaintiff's handwritten

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second amended complaint and does not present any complex legal issues. The request for

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appointment of counsel is DENIED. (Docket # 37.)

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IT IS SO ORDERED.
Dated: December 12, 2014

_______________________
SUSAN ILLSTON
United States District Judge