Cruz v. Villarneal et al

Filing 27

ORDER by Judge Charles R. Breyer denying 8 Motion to Appoint Counsel; denying 26 Motion to Appoint Counsel. (crblc2, COURT STAFF) (Filed on 5/18/2023)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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALEJANDRO REYES CRUZ,
Plaintiff,

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ORDER DENYING MOTIONS TO
APPOINT COUNSEL

v.

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United States District Court
Northern District of California

Case No. 23-cv-00962-CRB

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VICTOR VILLARNEAL, et al.,
Defendants.

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Pro se plaintiff Alejandro Reyes Cruz (“Cruz”) has filed two motions to appoint

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counsel in this action. See dkts. 8, 26. Pursuant to General Order No. 25,1 the Court

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concludes that Cruz has not met the eligibility requirements for appointment of pro bono

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counsel.

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First, Cruz has not demonstrated to the Court that he lacks financial resources to

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retain counsel, either in his motions to appoint counsel nor in his motions for leave to

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proceed in forma pauperis, which Judge Westmore denied. See dkts. 2, 7, 10, 11. Second,

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the Court is not convinced that Cruz used reasonable efforts to retain private counsel.

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Though his first motion listed a lawyer he wished for the Court to appoint on his behalf,

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Cruz did not sufficiently explain why he could not retain counsel himself. See dkt. 8.

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Third, the Court concludes at this time that the case does not merit pro bono

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representation. Cruz has not laid out the facts of what occurred in his initial complaint, nor

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sufficiently pleaded the claims he seeks to bring against any individual officers or

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The Court’s General Orders can be found here: https://www.cand.uscourts.gov/rules/generalorders/.
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municipalities.
For the foregoing reasons, Cruz’s motions to appoint counsel are DENIED without

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prejudice. Cruz is encouraged to contact the Legal Help Center for assistance in amending

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his complaint. Appointments can be scheduled by emailing [e-mail] or

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by calling [phone]. If Cruz’s amended complaint pleads clear, sufficient facts and

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targets appropriate defendants, Cruz may bring a future motion to appoint pro bono

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counsel. In any future motion, he must demonstrate that he meets the eligibility

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requirements of General Order 25.

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IT IS SO ORDERED.
Dated: May 18, 2023
CHARLES R. BREYER
United States District Judge

United States District Court
Northern District of California

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