Hutchison v. California Prison Industry Authority et al

Filing 20

ORDER by Judge Claudia Wilken DENYING 13 MOTION FOR APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 5/27/2014)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 EDWIN JAY HUTCHINSON, Plaintiff, United States District Court Northern District of California 11 12 13 14 v. Case No.: C 13-4635 CW (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Docket no. 13) CALIFORNIA PRISON INDUSTRY AUTHORITY, et al., Defendants. 15 16 Plaintiff, a state inmate who has filed a pro se civil 17 18 19 20 21 22 rights action under 42 U.S.C. § 1983, moves for the appointment of counsel because the legal issues are complex and he is unable adequately to investigate or present the factual issues regarding his claims. “[I]t is well-established that there is generally no 23 constitutional right to counsel in civil cases.” United States 24 v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996). 25 under 28 U.S.C. § 1915(e)(1), the Court has the discretion to 26 appoint volunteer counsel for “any person unable to afford 27 counsel.” 28 reserved for cases involving “exceptional circumstances.” Nonetheless, The discretionary appointment of counsel typically is 1 Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). “A 2 finding of exceptional circumstances requires an evaluation of 3 both ‘the likelihood of success on the merits and the ability of 4 the petitioner to articulate his claims pro se in light of the United States District Court Northern District of California 5 complexity of the legal issues involved.’ Neither of these 6 factors is dispositive and both must be viewed together before 7 reaching a decision.” Id. Here, exceptional circumstances 8 requiring the appointment of counsel are not evident. The 9 request for appointment of counsel is DENIED. If, in the future, 10 the Court concludes it is necessary to appoint counsel to 11 represent Plaintiff, it shall do so on its own motion. 12 This Order terminates Docket no. 13. 13 IT IS SO ORDERED. 14 Dated: 5/27/2014 15 ____________________________ 16 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

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