Dawson

Filing 14

ORDER by Judge Yvonne Gonzalez Rogers denying 8 Motion for Appointment of Counsel; and Granting Second Extension of Time to File Complaint and In Forma Pauperis Application. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 12/18/2015)[copy of blank civil rights complaint form and blank prisoner IFP application form mailed to plaintiff. clerk]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re CARLOS DAWSON,

Case No. 15-cv-03633-YGR (PR)
ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
COUNSEL; AND GRANTING HIM A
SECOND EXTENSION OF TIME TO
FILE COMPLAINT AND IN FORMA
PAUPERIS APPLICATION

United States District Court
Northern District of California

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Plaintiff, a state prisoner, filed with the Court a letter addressed to the California Prison

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Health Care Receivership. The Clerk of the Court construed the letter from Plaintiff as a request to

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file a pro se prisoner complaint under 42 U.S.C. § 1983. On August 10, 2015, the Clerk of the

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Court sent Plaintiff a notice directing him to file a complaint on form along with an application to

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proceed in forma pauperis (“IFP”) within twenty-eight days. He was warned that the failure to do

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so within the twenty-eight-day deadline would result in the dismissal of this action without

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prejudice. On October 29, 2015, the Court granted Plaintiff an extension of time to file his

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complaint and IFP application, and set a new deadline of November 27, 2015. Dkt. 6.

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The November 27, 2015 deadline has passed, and Plaintiff has not filed the requisite

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documents. Instead, Plaintiff has filed a request for a second extension of time to file these

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documents. Dkt. 8. He has also filed a request for appointment of counsel. Id.

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There is no constitutional right to counsel in a civil case unless an indigent litigant may lose

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his physical liberty if he loses the litigation. See Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18, 25

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(1981). The court may seek counsel to represent an indigent litigant under 28 U.S.C. § 1915 only

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in “exceptional circumstances,” the determination of which requires an evaluation of both (1) the

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likelihood of success on the merits, and (2) the ability of the plaintiff to articulate his claims pro se

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in light of the complexity of the legal issues involved. See id. at 1525; Terrell v. Brewer, 935 F.2d

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1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). Both of

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these factors must be viewed together before reaching a decision on a request for counsel under

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section 1915. See id.

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The Court is unable to assess at this time whether exceptional circumstances exist which

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would warrant seeking volunteer counsel to accept a pro bono appointment. The proceedings are at

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an early stage and it is premature for the Court to determine Plaintiff’s likelihood of success on the

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merits. Accordingly, the request for appointment of counsel is DENIED without prejudice to filing

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a renewed motion for the appointment of counsel after Plaintiff has filed his complaint and IFP

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application. Dkt. 8. At that time, the Court will be in a better position to consider the procedural

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United States District Court
Northern District of California

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and substantive matters at issue.
Meanwhile, Plaintiff’s request for a second extension of time to file a complaint and IFP

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application is GRANTED. Dkt. 8. No later than twenty-eight (28) days from the date of this

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Order, Plaintiff shall file his complaint and a completed IFP application form along with his trust

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account statement and certificate of funds. The failure to do so on or by the twenty-eight-day

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deadline will result in the dismissal of this action without prejudice.

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The Clerk shall send Plaintiff a blank civil rights complaint form and a blank prisoner IFP
application form along with a copy of this Order.

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This Order terminates Docket No. 8.

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IT IS SO ORDERED.

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Dated: December 18, 2015

______________________________________
YVONNE GONZALEZ ROGERS
United States District Court Judge

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