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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EDWIN JAY HUTCHINSON,
Plaintiff,

United States District Court
Northern District of California

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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.

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Plaintiff, a state inmate who has filed a pro se civil
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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

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constitutional right to counsel in civil cases.”

United States

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v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996).

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under 28 U.S.C. § 1915(e)(1), the Court has the discretion to

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appoint volunteer counsel for “any person unable to afford

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counsel.”

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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
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reaching a decision.” Id. Here, exceptional circumstances
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requiring the appointment of counsel are not evident. The
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request for appointment of counsel is DENIED. If, in the future,
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the Court concludes it is necessary to appoint counsel to
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represent Plaintiff, it shall do so on its own motion.
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This Order terminates Docket no. 13.
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IT IS SO ORDERED.
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Dated: 5/27/2014
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____________________________
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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