Escobar v. Kerman et al

Filing 17

ORDER DISMISSING CASE. Signed by Judge jam on 6/21/18. (lrcS, COURT STAFF) (Filed on 6/21/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS J. ESCOBAR,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-04238-JD

ORDER OF DISMISSAL

v.

Re: Dkt. No. 14
SCOTT KERMAN, et al.,
Defendants.

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This is a civil rights case filed pro se by a state prisoner. In the initial review order on

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February 8, 2018, the Court found that plaintiff had failed to state a claim and dismissed the

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complaint with leave to amend after discussing the deficiencies of the complaint. The twenty-

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eight days to amend has passed and plaintiff has not filed an amended complaint. Plaintiff did file

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a motion for the appointment of counsel.

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The Ninth Circuit has held that a district court may ask counsel to represent an indigent

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litigant only in “exceptional circumstances,” the determination of which requires an evaluation of

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both (1) the likelihood of success on the merits, and (2) the ability of the plaintiff to articulate his

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claims pro se in light of the complexity of the legal issues involved. Terrell v. Brewer, 935 F.2d

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1015, 1017 (9th Cir. 1991). Plaintiff has presented his claims adequately, and the issues are not

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complex. Therefore, the motion to appoint counsel (Docket No. 14) is denied. This case is

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DISMISSED for failure to state a claim as described in the prior order. If plaintiff seeks to

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continue with this case he must file an amended complaint as described in the prior order, as soon

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as possible, along with a brief motion to reopen.

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IT IS SO ORDERED.
Dated: June 21, 2018

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JAMES DONATO
United States District 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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DENNIS J. ESCOBAR,

Case No. 17-cv-04238-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SCOTT KERMAN, et al.,
Defendants.

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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.

United States District Court
Northern District of California

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That on June 21, 2018, 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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Dennis J. Escobar ID: #:E-14934
High Desert State Prison (HDSP)
P.O. Box 3030, B4-120-L
Susanville, CA 96127

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Dated: June 21, 2018

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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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