Sebastian v. Allstate Corporation et al

Filing 20

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL re 18 Opposition/Response to Motion and Request for Appointment of Counsel filed by Connie H. Sebastian. Signed by Judge Yvonne Gonzalez Rogers on 11/25/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/25/2013)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

CONNIE H. SEBASTIAN,

7
8
9
10

Northern District of California

United States District Court

11

Plaintiff(s),

Case No.: 13-CV-4850 YGR
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

vs.
ALLSTATE CORPORATION; SURETY LIFE
INSURANCE COMPANY,
Defendants.

12

The Court has reviewed Plaintiff’s request for appointment of counsel made as part of her
13

opposition to Defendants’ Motion to Dismiss Verified Complaint (Dkt. No. 18), and stated in her
14

Complaint (Dkt. No. 1).
15

In contrast to criminal proceedings, there generally is no constitutional right to counsel in
16

civil actions. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986) (“There is
17

normally… no constitutional right to counsel in a civil case.”). In proceedings in forma pauperis, the
18

Court has the statutory power only to “request an attorney to represent any person unable to afford
19

counsel.” 28 U.S.C. § 1915(e)(1) (emphasis supplied).
20

The decision whether to request counsel is within the discretion of the district court and is
21

“granted only in exceptional circumstances.” See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101,
22

1103 (9th Cir. 2004) (quoting Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984)). Deciding
23

whether “exceptional circumstances” exist requires an evaluation of the likelihood of plaintiff’s
24

success on the merits as well as the ability of the plaintiff to articulate his or her claims pro se in
25

light of the complexity of the legal issues. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.
26

1986) (citing Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)).
27

Based upon the present record, the Court does not find that the exceptional circumstances
28

required for requesting counsel are present here. Accordingly, Plaintiff’s request for appointment of

1

counsel is DENIED WITHOUT PREJUDICE. The Court may reconsider on its own motion and request

2

appointment of counsel later in the proceedings.

3

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

4

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

5

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

6

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

7

service. Please visit the Court’s website or call the phone numbers listed below for current office

8

hours, forms and policies.

9
10

Northern District of California

United States District Court

11

To make an appointment with the Legal Help Center in Oakland, Plaintiff may visit the
Oakland Courthouse, located 1301 Clay Street, Room 470S, Oakland, or call 415/782-8982.
To make an appointment with the Legal Help Center in San Francisco, Plaintiff may visit the

12

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

13

Francisco, California, 94102, or call 415/782-8982.

14

To make an appointment with the Federal Legal Assistance Self-Help Center in San Jose,

15

Plaintiff may visit the San Jose Federal Courthouse, located at 280 South 1st Street, 4th Floor,

16

Rooms 4093 & 4095, San Jose, California, 95113, or call 408/297-1480.

17

IT IS SO ORDERED.

18
19
20

Date: November 25, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

21
22
23
24
25
26
27
28

2