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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ALEJANDRO REYES CRUZ, Plaintiff, 10 ORDER DENYING MOTIONS TO APPOINT COUNSEL v. 11 United States District Court Northern District of California Case No. 23-cv-00962-CRB 12 VICTOR VILLARNEAL, et al., Defendants. 13 Pro se plaintiff Alejandro Reyes Cruz (“Cruz”) has filed two motions to appoint 14 15 counsel in this action. See dkts. 8, 26. Pursuant to General Order No. 25,1 the Court 16 concludes that Cruz has not met the eligibility requirements for appointment of pro bono 17 counsel. 18 First, Cruz has not demonstrated to the Court that he lacks financial resources to 19 retain counsel, either in his motions to appoint counsel nor in his motions for leave to 20 proceed in forma pauperis, which Judge Westmore denied. See dkts. 2, 7, 10, 11. Second, 21 the Court is not convinced that Cruz used reasonable efforts to retain private counsel. 22 Though his first motion listed a lawyer he wished for the Court to appoint on his behalf, 23 Cruz did not sufficiently explain why he could not retain counsel himself. See dkt. 8. 24 Third, the Court concludes at this time that the case does not merit pro bono 25 representation. Cruz has not laid out the facts of what occurred in his initial complaint, nor 26 sufficiently pleaded the claims he seeks to bring against any individual officers or 27 28 The Court’s General Orders can be found here: 1 1 2 municipalities. For the foregoing reasons, Cruz’s motions to appoint counsel are DENIED without 3 prejudice. Cruz is encouraged to contact the Legal Help Center for assistance in amending 4 his complaint. Appointments can be scheduled by emailing or 5 by calling (415) 782-8982. If Cruz’s amended complaint pleads clear, sufficient facts and 6 targets appropriate defendants, Cruz may bring a future motion to appoint pro bono 7 counsel. In any future motion, he must demonstrate that he meets the eligibility 8 requirements of General Order 25. 9 10 IT IS SO ORDERED. Dated: May 18, 2023 CHARLES R. BREYER United States District 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?