Isreal v. Hedgpeth et al

Filing 45

ORDER by Judge Claudia Wilken DENYING 43 MOTION FOR APPOINTMENT OF COUNSEL. (ndr, COURT STAFF) (Filed on 9/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 09-01525 CW (PR)

MICHAEL ISREAL,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

Plaintiff,
v.
DR. CHARLES D. LEE, et al.,
Defendants.

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Plaintiff requests the appointment of counsel to represent him

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in this action in which Defendants have filed a Motion for Summary

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Judgment, Plaintiff has filed an opposition and Defendants have

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filed a reply.

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Defendants have opposed Plaintiff's request.

There is no constitutional right to counsel in a civil case

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unless an indigent litigant may lose his physical liberty if he

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loses the litigation.

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452 U.S. 18, 25 (1981); Rand v. Rowland, 113 F.3d 1520, 1525 (9th

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Cir. 1997) (no constitutional right to counsel in § 1983 action),

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withdrawn in part on other grounds on reh'g en banc, 154 F.3d 952

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(9th Cir. 1998) (en banc).

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an indigent litigant under 28 U.S.C. § 1915 only in "exceptional

See Lassiter v. Dep't of Social Services,

The court may ask counsel to represent

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circumstances," the determination of which requires an evaluation

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of both (1) the likelihood of success on the merits, and (2) the

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ability of the plaintiff to articulate his claims pro se in light

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of the complexity of the legal issues involved.

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Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v.

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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).

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factors must be viewed together before reaching a decision on a

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request for counsel under § 1915.

See id. at 1525;

Both of these

See id.

The Court finds that exceptional circumstances entitling

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United States District Court
For the Northern District of California

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Plaintiff to court appointed counsel do not exist at this time, as

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Plaintiff has been able to articulate his claims and legal

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arguments adequately in light of the complexity of the legal issues

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involved.

Accordingly, Plaintiff's request is DENIED.

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This Order terminates Docket no. 43.

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IT IS SO ORDERED.

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Dated: 9/9/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL ISREAL,

Case Number: CV09-01525 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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A. HEDGPETH et al,
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Defendant.
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United States District Court
For the Northern District of California

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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.
That on September 9, 2011, 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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Michael Isreal C-11296
CSATF/State Prison at Corcoran
P.O. Box 5244
Corcoran, CA 93212
Dated: September 9, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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