Edjuan v. Contra Costa County Sheriff Department of Martinez Detention Facility et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 25 Motion to Appoint Counsel and Granting Plaintiff extension of time to file overdue documents. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 1/16/2013)
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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 11-04728 YGR (PR)
EDJUAN C. SCOTT,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AND
GRANTING PLAINTIFF AN
EXTENSION OF TIME TO FILE
OVERDUE DOCUMENTS
Plaintiff,
vs.
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DEPUTY COUNTY, et al.,
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Defendants.
/
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Plaintiff requests the appointment of counsel to represent him in this action.
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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 Social Services, 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§ 1983 action), withdrawn in part on other grounds on reh'g en banc, 154 F.3d 952 (9th Cir. 1998)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 finds that exceptional circumstances entitling Plaintiff to court appointed counsel
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do not exist. The likelihood of Plaintiff's success on the merits cannot be ascertained at this point in
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the proceedings, and the legal issues are not complex. Accordingly, the request for appointment of
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counsel is DENIED without prejudice.
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Plaintiff's opposition to Defendants' motion to dismiss and his written response to the Court's
April 24, 2012 Order to Show Cause are presently overdue. The Court GRANTS Plaintiff an
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extension of time in which to file the aforementioned documents. The time in which Plaintiff may
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United States District Court
For the Northern District of California
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file his opposition to Defendants' motion to dismiss and his written response to the order to show
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cause will be extended up to and including twenty-eight (28) days from the date of this Order.
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If Defendants wish to file a reply brief, they shall do so no later than fourteen (14) days after
the date Plaintiff's opposition is filed.
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This Order terminates Docket no. 25.
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IT IS SO ORDERED.
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DATED:
January 16, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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G:\PRO-SE\YGR\CR.11\Scott4728.grantEOT-oppn&denyATTY.frm
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