Buckins v. McCoy et al

Filing 17

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 16 . (Illston, Susan) (Filed on 6/12/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DARRELL EDWARD BUCKINS, Plaintiff, 8 9 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL v. 10 BRENDA MCCOY, et al., 11 United States District Court Northern District of California Case No. 16-cv-06157-SI Defendants. Re: Dkt. No. 16 12 13 Plaintiff has filed a second motion for the appointment of counsel to represent him in this 14 action. A district court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to 15 represent an indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 16 F.2d 1328, 1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on 17 the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of 18 the legal issues involved. See id. Neither of these factors is dispositive and both must be viewed 19 together before deciding on a request for counsel under § 1915(e)(1). Here, exceptional 20 circumstances requiring the appointment of counsel are not evident. The motion for appointment 21 of counsel is DENIED. (Docket No. 16.) 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: June 12, 2017 ______________________________________ SUSAN ILLSTON United States District Judge

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