Shotwell v. Brandt et al

Filing 21

ORDER by Judge Claudia Wilken DENYING 17 MOTION FOR APPOINTMENT OF COUNSEL; DENYING 12 REQUEST FOR EXTENSION OF TIME AS MOOT. (ndr, COURT STAFF) (Filed on 6/16/2011)

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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 10-05232 CW (PR)

MANUEL E. SHOTWELL,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL; DENYING
REQUEST FOR EXTENSION OF TIME
AS MOOT

Plaintiff,
v.
S. BRANDT, et al.,
Defendants.

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Plaintiff, a state prisoner, filed the instant pro se prisoner

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complaint under 42 U.S.C. § 1983.

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motion for appointment of counsel and also his request for

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extension of time to respond to the Court's Order directing him to

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show cause as to why his claims against the unserved defendants

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should not be dismissed.

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Before the Court is Plaintiff's

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

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withdrawn in part on other grounds on reh'g en banc, 154 F.3d 952

See Lassiter v. Dep't of Soc. Servs., 452

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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

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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

United States District Court
For the Northern District of California

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The court may ask counsel to represent

See id. at 1525;

Both of these

See id.

request for counsel under § 1915.

The Court is unable to assess at this time whether exceptional

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circumstances exist which would warrant seeking volunteer counsel

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to accept a pro bono appointment.

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stage and it is premature for the Court to determine Plaintiff's

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likelihood of success on the merits.

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appointment of counsel at this time is DENIED without prejudice to

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the Court's considering at a later stage of the proceedings whether

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appointment of counsel is warranted.

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The proceedings are at an early

Accordingly, the request for

On May 2, 2011, Plaintiff filed a motion for extension of time

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to respond to the Court's April 18, 2011 Order.

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Court directed Plaintiff to show cause as to why claims against the

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unserved named Defendants should not be dismissed within thirty

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days from the date of that Order.

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a timely response to the Court's Order to show cause.

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In that Order, the

On May 4, 2011, Plaintiff filed

Accordingly, Plaintiff's motion for extension of time is
DENIED as moot.

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This Order terminates Docket nos. 12 and 17.

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IT IS SO ORDERED.

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Dated:

6/16/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MANUEL E SHOTWELL,
Case Number: CV10-05232 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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S BRANDT 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 June 16, 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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Manuel Shotwell T-57486
D-7-118 low
Salinas Valley State Prison
P. O. Box 1050
Soledad, Ca 93960-1050

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Dated: June 16, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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