Almeida v. Ducart et al

Filing 24

ORDER by Judge James Donato denying 18 Motion ; denying 19 Motion to Appoint Counsel. (lrcS, COURT STAFF) (Filed on 1/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARLOS H. ALMEIDA,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02689-JD

ORDER DENYING MOTIONS

v.

Re: Dkt. Nos. 18, 19
CLARK E. DUCART, et al.,
Defendants.
This is a civil rights case filed by a state prisoner. The Court ordered service on several

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defendants and a dispositive motion is to be filed by January 30, 2017. Plaintiff has filed an order

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compelling defendants to file an answer or a motion to dismiss. This motion (Docket No. 18) is

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DENIED because defendants will be filing a dispositive motion shortly and defendants filed a

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waiver of reply which relieves them of the need to file an answer. See 42 U.S.C. 1997e(g)(1).

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Plaintiff has also filed a motion for the appointment of counsel. The Ninth Circuit has held

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that a district court may ask counsel to represent an indigent litigant only in “exceptional

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circumstances,” the determination of which requires an evaluation of both (1) the likelihood of

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success on the merits, and (2) the ability of the plaintiff to articulate his claims pro se in light of

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the complexity of the legal issues involved. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

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1991). Plaintiff has adequtalely presented his claims and the issues are not complex. Therefore,

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the motion to appoint counsel (Docket No. 19) is DENIED.

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IT IS SO ORDERED.
Dated: January 17, 2017

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARLOS H. ALMEIDA,

Case No. 16-cv-02689-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CLARK E. DUCART, et al.,
Defendants.

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United States District Court
Northern District of California

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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 January 17, 2017, 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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Carlos H. Almeida
G30247
P.O. Box 3030
Susanville, CA 96127

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Dated: January 17, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
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