Buckins v. McCoy et al

Filing 17

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

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