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)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
TERRY L WEISS,
Case No. 15-cv-01639-YGR
Plaintiff,
8
v.
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
9
10
United States District Court
Northern District of California
11
CITY OF SANTA ROSA POLICE
DEPARTMENT, ET AL.,
Re: Dkt. No. 66
Defendants.
12
13
The Court has reviewed plaintiff’s Motion for Appointment of Counsel.
14
In contrast to criminal proceedings, there generally is no constitutional right to counsel in
15
civil actions. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986) (“There is
16
normally . . . no constitutional right to counsel in a civil case.”). This decision of whether to
17
request counsel is within the discretion of the district court and is “granted only in exceptional
18
circumstances.” See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004)
19
(quoting Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984)). Deciding whether
20
“exceptional circumstances” exist requires an evaluation of the likelihood of plaintiff’s success on
21
the merits as well as the ability of the plaintiff to articulate his or her claims pro se in light of the
22
complexity of the legal issues. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (citing
23
Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)).
24
This case does not present an exceptional circumstance warranting the appointment of
25
counsel. Accordingly, plaintiff’s Motion for Appointment of Counsel is DENIED. However, the
26
Court itself pays close attention to the legal issues addressed in the filing and has referred the
27
parties to a magistrate judge to attempt to resolve the matter without further legal proceedings.
28
The Court understands the difficulties that pro se litigants encounter and has available,
1
through the Court’s website, http://cand.uscourts.gov, a “Handbook for Pro Se Litigants,” which
2
contains helpful information about proceeding without an attorney. The Court also advises
3
plaintiff that additional assistance may be available by making an appointment with the Legal
4
Help Center. There is no fee for this service. Please visit the Court’s website or call the phone
5
numbers listed below for current office hours, forms, and policies.
6
To make an appointment with the Legal Help Center in Oakland, plaintiff may visit the
7
Oakland Courthouse, located at 1301 Clay Street, Room 470S, Oakland, California, 94612, or call
8
(415) 782-8982.
To make an appointment with the Legal Help Center in San Francisco, plaintiff may visit
10
the San Francisco Courthouse, located at 450 Golden Gate Avenue, 15th Floor, Room 2796, San
11
United States District Court
Northern District of California
9
Francisco, California, 94102, or call (415) 782-8982.
12
To make an appointment with the Federal Legal Assistance Self-Help Center in San Jose,
13
plaintiff may visit the San Jose Federal Courthouse, located at 280 South 1st Street, 4th Floor,
14
Rooms 4093 & 4095, San Jose, California, 95113, or call (408) 297-1480.
15
This Order Terminates Docket Number 66.
16
IT IS SO ORDERED.
17
18
19
Dated: June 24, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?