Villegas v. Mclean et al

Filing 8

Order, signed 6/14/17, by Chief Magistrate Judge Joseph C. Spero denying 6 Motion to Appoint Counsel.(klhS, COURT STAFF) (Filed on 6/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE LEON VILLEGAS,
Plaintiff,

Case No. 17-cv-01216-JCS (PR)

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v.
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M. MCLEAN, et al.,

ORDER DENYING MOTION FOR
THE APPOINTMENT OF COUNSEL

Defendants.
United States District Court
Northern District of California

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Dkt. No. 6

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Plaintiff moves for the appointment of counsel (Docket No. 6) for the following

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reasons: he cannot afford to hire an attorney; and the services of an attorney are required

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because he is imprisoned, lacks legal knowledge, and the case is complex.

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The decision to request counsel to represent an indigent litigant under 28 U.S.C.

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§ 1915 is within “the sound discretion of the trial court and is granted only in exceptional

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circumstances.” Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). A finding of

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“exceptional circumstances” requires an evaluation of the likelihood of the plaintiff’s

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success on the merits and an evaluation of the plaintiff’s ability to articulate his claims pro

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se in light of the complexity of the legal issues involved. See Agyeman v. Corrections

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Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). Neither the need for discovery,

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nor the fact that the pro se litigant would be better served with the assistance of counsel,

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necessarily qualify the issues involved as complex. See Rand v. Rowland, 113 F.3d 1520,

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1525 (9th Cir. 1997).

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The motion fails to show exceptional circumstances exist. First, the case does not

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present legally or factually complex issues. Second, many of the circumstances plaintiff

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describes, such as a lack of legal knowledge, are difficulties all prisoner-plaintiffs must

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face. Furthermore, he has been able to adequately represent himself thus far. Accordingly,

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the motion is DENIED.

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The Clerk shall terminate Docket No. 6.

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IT IS SO ORDERED.

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Dated: June 14, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE LEON VILLEGAS,

Case No. 17-cv-01216-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. MCLEAN, et al.,
Defendants.

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.
That on June 14, 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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Jesse Leon Villegas ID: ID: AY3980
High Desert State Prison
P.O. Box 3030
Susanville, CA 96127

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Dated: June 14, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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