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)<hr><center>Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)</center>

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 HARRIS L. WINNS, Case No. 20-cv-06762-LB Plaintiff, 12 ORDER DENYING MOTION TO APPOINT PRO BONO COUNSEL v. 13 14 EXELA ENTERPRISE SOLUTIONS INC, Re: ECF No. 3 Defendant. 15 16 Plaintiff Harris L. Winns, who is representing himself, asked the court to appoint him 17 18 counsel.1 “Generally, a person has no right to counsel in civil actions.” Palmer v. Valdez, 560 F.3d 19 965, 970 (9th Cir. 2009) (citing Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981)). 20 “However, a court may under ‘exceptional circumstances’ appoint counsel for indigent civil 21 litigants pursuant to 28 U.S.C. § 1915(e)(1).” Id. (citing Agyeman v. Corrs. Corp. of Am., 390 F.3d 22 1101, 1103 (9th Cir. 2004)). “When determining whether ‘exceptional circumstances’ exist, a 23 court must consider ‘the likelihood of success on the merits as well as the ability of the petitioner 24 to articulate his claims pro se in light of the complexity of the legal issues involved.’” Id. (quoting 25 Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). “Neither of these considerations is 26 27 28 1 Mot. to Appoint Counsel – ECF No. 3. ORDER – No. 20-cv-06762-LB 1 dispositive and instead must be viewed together.” Id. (citing Wilborn v. Escalderon, 789 F.2d 2 1328, 1331 (9th Cir. 1986)). 3 On this record, the court does not appoint pro bono counsel. The court separately gave the 4 plaintiff notice of the court’s resources for litigants representing themselves, including a copy of 5 the district court’s handbook Representing Yourself in Federal Court, and the flyer for the Legal 6 Help Center, a free service of the Volunteer Legal Services Program, which provides telephone 7 appointments with an attorney who may be able to provide basic legal help but not representation. 8 9 IT IS SO ORDERED. 10 Dated: October 13, 2020 ______________________________________ LAUREL BEELER United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER – No. 20-cv-06762-LB 2

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