Yates v. West Contra Costa Unified School District
Filing
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ORDER by Judge Maria-Elena James denying 53 Motion to Appoint Counsel. (mejlc3, COURT STAFF) (Filed on 1/5/2017) (Additional attachment(s) added on 1/5/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FERNANDO YATES,
Case No. 16-cv-01077-MEJ
Plaintiff,
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ORDER DENYING MOTION TO
APPOINT COUNSEL
v.
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United States District Court
Northern District of California
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WEST CONTRA COSTA UNIFIED
SCHOOL DISTRICT,
Re: Dkt. No. 53
Defendant.
Plaintiff Fernando Yates filed a Motion for Appointment of Counsel in this civil lawsuit
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against Defendant West Contra Costa Unified School District. See Mot., Dkt. No. 53. The Court
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finds this matter suitable for disposition without oral argument. See Fed. R. Civ. P. 78(b); Civ.
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L.R. 7-1(b). Having considered Plaintiff’s position, relevant legal authority, and the record in this
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case, the Court DENIES Plaintiff’s Motion for the following reasons.
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Plaintiff explains he requests counsel because he is not familiar with the rules and
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procedures of the United States District Court for the Northern District of California, the case is
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complex, proceeding in pro per will prevent him from having a fair trial, and he has no experience
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in trying a case. See Mot.
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Generally, a person has no right to appointed counsel in civil actions. Storseth v.
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Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). However, a court may appoint counsel under
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“exceptional circumstances” for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1).
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Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining
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whether “exceptional circumstances” exist, a court considers “the likelihood of success on the
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merits as well as 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.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).
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Neither of these considerations is dispositive; rather, they must be viewed together. Wilborn v.
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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
Here, Plaintiff presents no evidence that the circumstances are “exceptional” within the
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meaning described above. Plaintiff is a college graduate with several teaching credentials. See
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Second Am. Compl. (“SAC”), Dkt. No. 52 at 6-7. He has demonstrated he is capable of
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understanding and following court rules and prior orders of this Court by timely filing and
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amending his pleadings, attempting to meet and confer with opposing counsel as required by the
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local rules, moving to amend his pleading, and filing case management conference statements.
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The SAC, which asserts claims against Defendant for discrimination and retaliation in violation of
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the Americans with Disabilities Act, does not appear to present unusually complex or novel legal
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issues. At this juncture, it would be premature to evaluate the likelihood of Plaintiff’s success on
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United States District Court
Northern District of California
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the merits of his claims. Accordingly, there is no legal basis to support the appointment of counsel
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at this time, and the request is denied. As the case moves closer to trial, Plaintiff may renew his
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request for the appointment of counsel.
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The Court advises Plaintiff that there are additional resources available. First, Plaintiff
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may wish to obtain a copy of the District Court’s Handbook for Litigants Without a Lawyer. It
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provides instructions on how to proceed at every stage of your case, including discovery, motions,
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and trial. The handbook is available at the Clerk’s Office and at:
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http://cand.uscourts.gov/prosehandbook. Second, Plaintiff may wish to seek assistance from the
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Legal Help Center. The Legal Help Center is a free service offered by the Justice & Diversity
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Center of the Bar Association of San Francisco to provide information and limited-scope legal
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assistance to pro se litigants in civil cases. Plaintiff may take advantage of the Legal Help Center
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resources by calling 415-782-8982, or by signing up for an appointment on the15th Floor of the
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Federal Courthouse in San Francisco, 450 Golden Gate Avenue, San Francisco, California. More
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information is available at: http://cand.uscourts.gov/helpcentersf.
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IT IS SO ORDERED.
Dated: January 5, 2017
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MARIA-ELENA JAMES
United States Magistrate Judge
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