Weiss v. City of Santa Rosa Police Department et al

Filing 68

ORDER by Judge Yvonne Gonzalez Rogers denying 66 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 6/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRY L WEISS,

Case No. 15-cv-01639-YGR

Plaintiff,
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v.

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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United States District Court
Northern District of California

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CITY OF SANTA ROSA POLICE
DEPARTMENT, ET AL.,

Re: Dkt. No. 66

Defendants.

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The Court has reviewed plaintiff’s Motion for Appointment of Counsel.

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

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

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normally . . . no constitutional right to counsel in a civil case.”). This decision of whether to

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request counsel is within the discretion of the district court and is “granted only in exceptional

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circumstances.” See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004)

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

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“exceptional circumstances” exist requires an evaluation of the likelihood of plaintiff’s success on

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

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complexity of the legal issues. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (citing

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

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This case does not present an exceptional circumstance warranting the appointment of

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counsel. Accordingly, plaintiff’s Motion for Appointment of Counsel is DENIED. However, the

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Court itself pays close attention to the legal issues addressed in the filing and has referred the

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parties to a magistrate judge to attempt to resolve the matter without further legal proceedings.

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The Court understands the difficulties that pro se litigants encounter and has available,

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through the Court’s website, http://cand.uscourts.gov, a “Handbook for Pro Se Litigants,” which

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contains helpful information about proceeding without an attorney. The Court also advises

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plaintiff that additional assistance may be available by making an appointment with the Legal

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Help Center. There is no fee for this service. Please visit the Court’s website or call the phone

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numbers listed below for current office hours, forms, and policies.

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To make an appointment with the Legal Help Center in Oakland, plaintiff may visit the

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Oakland Courthouse, located at 1301 Clay Street, Room 470S, Oakland, California, 94612, or call

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[phone].
To make an appointment with the Legal Help Center in San Francisco, plaintiff may visit

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

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United States District Court
Northern District of California

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Francisco, California, 94102, or call [phone].

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

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

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Rooms 4093 & 4095, San Jose, California, 95113, or call [phone].

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This Order Terminates Docket Number 66.

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IT IS SO ORDERED.

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Dated: June 24, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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