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]
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
8
9
10
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
11
12
Plaintiff, a state prisoner, filed with the Court a letter addressed to the California Prison
13
Health Care Receivership. The Clerk of the Court construed the letter from Plaintiff as a request to
14
file a pro se prisoner complaint under 42 U.S.C. § 1983. On August 10, 2015, the Clerk of the
15
Court sent Plaintiff a notice directing him to file a complaint on form along with an application to
16
proceed in forma pauperis (“IFP”) within twenty-eight days. He was warned that the failure to do
17
so within the twenty-eight-day deadline would result in the dismissal of this action without
18
prejudice. On October 29, 2015, the Court granted Plaintiff an extension of time to file his
19
complaint and IFP application, and set a new deadline of November 27, 2015. Dkt. 6.
20
The November 27, 2015 deadline has passed, and Plaintiff has not filed the requisite
21
documents. Instead, Plaintiff has filed a request for a second extension of time to file these
22
documents. Dkt. 8. He has also filed a request for appointment of counsel. Id.
23
There is no constitutional right to counsel in a civil case unless an indigent litigant may lose
24
his physical liberty if he loses the litigation. See Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18, 25
25
(1981). The court may seek counsel to represent an indigent litigant under 28 U.S.C. § 1915 only
26
in “exceptional circumstances,” the determination of which requires an evaluation of both (1) the
27
likelihood of success on the merits, and (2) the ability of the plaintiff to articulate his claims pro se
28
in light of the complexity of the legal issues involved. See id. at 1525; Terrell v. Brewer, 935 F.2d
1
1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). Both of
2
these factors must be viewed together before reaching a decision on a request for counsel under
3
section 1915. See id.
4
The Court is unable to assess at this time whether exceptional circumstances exist which
5
would warrant seeking volunteer counsel to accept a pro bono appointment. The proceedings are at
6
an early stage and it is premature for the Court to determine Plaintiff’s likelihood of success on the
7
merits. Accordingly, the request for appointment of counsel is DENIED without prejudice to filing
8
a renewed motion for the appointment of counsel after Plaintiff has filed his complaint and IFP
9
application. Dkt. 8. At that time, the Court will be in a better position to consider the procedural
10
United States District Court
Northern District of California
11
and substantive matters at issue.
Meanwhile, Plaintiff’s request for a second extension of time to file a complaint and IFP
12
application is GRANTED. Dkt. 8. No later than twenty-eight (28) days from the date of this
13
Order, Plaintiff shall file his complaint and a completed IFP application form along with his trust
14
account statement and certificate of funds. The failure to do so on or by the twenty-eight-day
15
deadline will result in the dismissal of this action without prejudice.
16
17
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.
18
This Order terminates Docket No. 8.
19
IT IS SO ORDERED.
20
21
Dated: December 18, 2015
______________________________________
YVONNE GONZALEZ ROGERS
United States District Court Judge
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?