Ortega v. City of Santa Clara et al
Filing
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ORDER by Judge ARMSTRONG denying 24 Motion to Appoint Counsel (lrc, COURT STAFF) (Filed on 10/25/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
Plaintiff,
v.
DR. MARK RITCHIE, et al.,
Defendants.
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No. C 09-05527 SBA (PR)
CARLOS A. ORTEGA,
/
Plaintiff has filed a letter asking for appointment of counsel to represent him in this action
which the Court construes as a motion to appoint counsel.
There is no constitutional right to counsel in a civil case unless an indigent litigant may lose
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his physical liberty if he loses the litigation. See Lassiter v. Dep't of Soc. Servs., 452 U.S. 18, 25
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(1981); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997) (no constitutional right to counsel in
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§ 1983 action), withdrawn in part on other grounds on reh'g en banc, 154 F.3d 952 (9th Cir. 1998)
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(en banc). The court may ask counsel to represent an indigent litigant under 28 U.S.C. § 1915 only
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in "exceptional circumstances," the determination of which requires an evaluation of both (1) the
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likelihood of success on the merits, and (2) the ability of the plaintiff to articulate his claims pro se
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in light of the complexity of the legal issues involved. See id. at 1525; Terrell v. Brewer, 935 F.2d
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1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). Both of
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these factors must be viewed together before reaching a decision on a request for counsel under
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§ 1915. See id.
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The Court is unable to assess at this time whether exceptional circumstances exist which
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would warrant seeking volunteer counsel to accept a pro bono appointment. The proceedings are at
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an early stage and it is premature for the Court to determine Plaintiff's likelihood of success on the
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merits. Moreover, Plaintiff has been able to articulate his claims adequately pro se in light of the
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complexity of the issues involved. See Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101, 1103 (9th
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Cir. 2004). Accordingly, the request for appointment of counsel is DENIED without prejudice.
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This does not mean, however, that the Court will not consider appointment of counsel at a later
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juncture in the proceedings; that is, after Defendants have filed their dispositive motion such that the
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Court will be in a better position to consider the procedural and substantive matters at issue.
Therefore, Plaintiff may file a renewed motion for the appointment of counsel after Defendants'
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For the Northern District of California
United States District Court
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dispositive motion has been filed. If the Court decides that appointment of counsel is warranted at
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that time, it will seek volunteer counsel to agree to represent Plaintiff pro bono.
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This Order terminates Docket no. 24.
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IT IS SO ORDERED.
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DATED: 10/21/11
SAUNDRA BROWN ARMSTRONG
United States District Judge
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
CARLOS A. ORTEGA,
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Case Number: CV09-05527 SBA
Plaintiff,
CERTIFICATE OF SERVICE
v.
SAN JOSE CITY OF et al,
Defendant.
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For the Northern District of California
United States District Court
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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 October 25, 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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Carlos A. Ortega #09071890
Santa Clara County Corrections - San Jose
#CTL532
885 N. San Pedro Street
San Jose, CA 95110
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Dated: October 25, 2011
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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk
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G:\PRO-SE\SBA\CR.09\Ortega5527.Atty.frm
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