Winns v. Exela Enterprise Solutions Inc

Filing 10

ORDER. In the attached order, the court denies the plaintiff's motion to appoint counsel #3 . (lblc2S, COURT STAFF) (Filed on 10/13/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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HARRIS L. WINNS,

Case No. 20-cv-06762-LB

Plaintiff,

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ORDER DENYING MOTION TO
APPOINT PRO BONO COUNSEL

v.

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EXELA ENTERPRISE SOLUTIONS INC,

Re: ECF No. 3

Defendant.

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Plaintiff Harris L. Winns, who is representing himself, asked the court to appoint him

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counsel.1 “Generally, a person has no right to counsel in civil actions.” Palmer v. Valdez, 560 F.3d

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965, 970 (9th Cir. 2009) (citing Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981)).

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“However, a court may under ‘exceptional circumstances’ appoint counsel for indigent civil

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litigants pursuant to 28 U.S.C. § 1915(e)(1).” Id. (citing Agyeman v. Corrs. Corp. of Am., 390 F.3d

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1101, 1103 (9th Cir. 2004)). “When determining whether ‘exceptional circumstances’ exist, a

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court must consider ‘the likelihood of success on the merits as well as the ability of the petitioner

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to articulate his claims pro se in light of the complexity of the legal issues involved.’” Id. (quoting

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Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). “Neither of these considerations is

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Mot. to Appoint Counsel – ECF No. 3.

ORDER – No. 20-cv-06762-LB

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dispositive and instead must be viewed together.” Id. (citing Wilborn v. Escalderon, 789 F.2d

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1328, 1331 (9th Cir. 1986)).

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On this record, the court does not appoint pro bono counsel. The court separately gave the

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plaintiff notice of the court’s resources for litigants representing themselves, including a copy of

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the district court’s handbook Representing Yourself in Federal Court, and the flyer for the Legal

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Help Center, a free service of the Volunteer Legal Services Program, which provides telephone

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appointments with an attorney who may be able to provide basic legal help but not representation.

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IT IS SO ORDERED.

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Dated: October 13, 2020
______________________________________
LAUREL BEELER
United States Magistrate Judge

United States District Court
Northern District of California

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ORDER – No. 20-cv-06762-LB

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