Cox v. Dental and Medical Department of the California Department of Corrections and Rehabilitation

Filing 30

ORDER DENYING MOTION TO APPOINT COUNSEL by Judge Phyllis J. Hamilton denying 29 Motion to Appoint Counsel. (Certificate of Service Attached). (kcS, COURT STAFF) (Filed on 7/18/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOBBY JOE COX,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-04036-PJH
ORDER DENYING MOTION TO
APPOINT COUNSEL

v.
DENTAL AND MEDICAL DEPARTMENT
OF THE CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION,

Re: Dkt. No. 29

Defendant.

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This is a civil rights case brought pro se by a prisoner. Plaintiff has filed a motion

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to appoint counsel. There is no constitutional right to counsel in a civil case, Lassiter v.

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Dep't of Social Services, 452 U.S. 18, 25 (1981), and although district courts may

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"request" that counsel represent a litigant who is proceeding in forma pauperis, as

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plaintiff is here, see 28 U.S.C. § 1915(e)(1), that does not give the courts the power to

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make "coercive appointments of counsel." Mallard v. United States Dist. Court, 490 U.S.

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296, 310 (1989).

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The Ninth Circuit has held that a district court may ask counsel to represent an

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indigent litigant only in "exceptional circumstances," the determination of which requires

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an evaluation of both (1) the likelihood of success on the merits and (2) the ability of the

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plaintiff to articulate his claims pro se in light of the complexity of the legal issues

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involved. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). Plaintiff has presented

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his claims adequately, and the issues are not complex.

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Theref
fore, the mo
otion to app
point counse l (Docket No. 29) is D
e
DENIED.

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IT IS SO ORDER
S
RED.

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Da
ated: July 18 2018
8,

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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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United States District Court
Northern District of California

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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BOBBY JOE COX,

Case No. 1
16-cv-04036
6-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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United States District Court
Northern District of California

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DENTAL AN MEDICA DEPART
D
ND
AL
TMENT
OF THE CAL
O
LIFORNIA DEPARTME
D
ENT
OF CORREC
O
CTIONS AND
D
REHABILITA
ATION,
.
Defendant.
I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
Dis
strict Court, Northern Di
istrict of Cal
lifornia.

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That on July 18, 20 I SERVE a true an correct co
n
018,
ED
nd
opy(ies) of th attached, by placing
he
said copy(ies) in a postage paid envelo addressed to the pers
i
ope
d
son(s) herein
nafter listed, by
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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x
69
Bobby Joe Cox ID: BC436
Fol
lsom State Prison Housing: B1-C2-2
P
27
P.O Box 7150
O.
071
Rep
presa, CA 95671

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Da
ated: July 18, 2018
,

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usan Y. Soon
ng
Su
Cl
lerk, United States Distr Court
d
rict

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By
y:_________
___________
_______
K
Kelly Collins, Deputy Cle to the
,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N
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