Jackson v. Bright et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 17 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 4/23/2013)
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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 12-06020 YGR (PR)
CHRISTOPHER T. JACKSON,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
Plaintiff,
v.
D. BRIGHT, et al.,
Defendants.
/
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Plaintiff has filed a motion for 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 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§ 1983 action), withdrawn in part on other grounds on reh'g en banc, 154 F.3d 952 (9th Cir. 1998)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.
United States District Court
For the Northern District of California
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Therefore, Plaintiff may file a renewed motion for the appointment of counsel after Defendants'
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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. 17.
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IT IS SO ORDERED.
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DATED:
April 23, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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G:\PRO-SE\YGR\CR.12\Jackson6020.attydenial.frm
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