Johnson v. CTF Soledad State Prison et al

Filing 6

ORDER by Magistrate Judge Maria-Elena James denying 5 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 1/10/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CEDRIC CHESTER JOHNSON,
Plaintiff,

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Case No. 16-cv-05548-MEJ (PR)

v.
CTF SOLEDAD STATE PRISON, et al.,
Defendants.

ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
COUNSEL
Re: Dkt. No. 5

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United States District Court
Northern District of California

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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 indigent

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civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th

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Cir. 1986). This requires an evaluation of both the likelihood of success on the merits and the

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ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues

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involved. See id. Neither of these factors is dispositive and both must be viewed together before

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deciding on a request for counsel under § 1915(e)(1). Here, exceptional circumstances requiring

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the appointment of counsel are not evident. The request for appointment of counsel is therefore

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DENIED. The Court will consider appointment of counsel on its own motion, and seek volunteer

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counsel to agree to represent plaintiff pro bono, if it determines at a later time in the proceedings

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that appointment of counsel is warranted.

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This order terminates Docket No. 5.

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IT IS SO ORDERED.

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Dated: January 10, 2017

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MARIA-ELENA JAMES
United States Magistrate Judge