Stutson v. Bureau of Prisons

Filing 80

ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 79 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 1/16/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TANYA STUTSON,

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Plaintiff,

Case No.: 11-CV-03979 YGR
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
WARDEN REED et al.,
Defendant(s).

Northern District of California

United States District Court

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The Court has reviewed Plaintiff’s Motion for Appointment of Counsel.

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In contrast to criminal proceedings, there generally is no constitutional right to counsel in civil

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actions. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986) (“There is normally

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… no constitutional right to counsel in a civil case.”). In proceedings in forma pauperis, the Court

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has the statutory power only to “request an attorney to represent any person unable to afford counsel.”

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28 U.S.C. § 1915(e)(1). This decision of whether to request counsel is within the discretion of the

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district court and is “granted only in exceptional circumstances.” See Agyeman v. Corr. Corp. of Am.,

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390 F.3d 1101, 1103 (9th Cir. 2004) (quoting Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir.

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1984)). Deciding whether “exceptional circumstances” exist requires an evaluation of the likelihood

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of plaintiff’s success on the merits as well as the ability of the plaintiff to articulate her claims pro se

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in light of the complexity of the legal issues. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.

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1986) (citing Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)).

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At this stage of the proceedings, where Plaintiff’s complaint has been dismissed and there is

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no operative complaint on file, the Court is unable to determine whether the exceptional

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circumstances required for requesting counsel are present here. Accordingly, Plaintiff’s Motion for

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Appointment of Counsel is DENIED WITHOUT PREJUDICE. The Court may reconsider on its own

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motion and request appointment of counsel later in the proceedings.

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The Court advises Plaintiff that a Handbook for Pro Se Litigants, which contains helpful

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information about proceeding without an attorney, is available in the Clerk’s office or through the

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Court’s website, http://cand.uscourts.gov. The Court also advises Plaintiff that additional assistance

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may be available by making an appointment with the Legal Help Center. There is no fee for this

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service. To make an appointment with the Legal Help Center in San Francisco, Plaintiff may visit the

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San Francisco Courthouse, located at 450 Golden Gate Avenue, 15th Floor, Room 2796, San

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Francisco, California, 94102, or call 415/782-9000 (ext. 8657). To make an appointment with the

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Federal Legal Assistance Self-Help Center in San Jose, Plaintiff may visit the San Jose Federal

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Courthouse, located at 280 South 1st Street, 4th Floor, Rooms 4093 & 4095, San Jose, California,

Northern District of California

95113, or call 408/297-1480. Please visit the Court’s website or call the phone numbers listed above

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United States District Court

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for current office hours, forms and policies.

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This Order Terminates Docket Number 79.
IT IS SO ORDERED.
Date: January 16, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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