Gonzales v. City of San Jose, Police Dept. et al

Filing 11

ORDER DENYING MOTION TO APPOINT COUNSEL by Judge Phyllis J. Hamilton denying 10 Motion to Appoint Counsel. (Certificate of Service Attached)(napS, COURT STAFF) (Filed on 11/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ISAURO GONZALES,
Plaintiff,

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United States District Court
Northern District of California

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Case No.16-cv-04184-PJH
ORDER DENYING MOTION TO
APPOINT COUNSEL

v.
LE VOS, et al.,

Re: Dkt. No. 10

Defendants.

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This is a civil rights case brought pro se by a detainee. 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 (Docket No. 10) is D
el
DENIED.

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IT IS SO ORDER
S
RED.

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Da
ated: Novem
mber 3, 201
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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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\\can
ndoak.cand.circ9
9.dcn\data\users\PJHALL\_psp\2
2016\2016_04184
4_Gonzales_v_C
City_of_San_Jos
se_Police_Dept_
_(PSP)\16-cv04184-PJH-dny_cou
unsel.docx

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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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IS
SAURO GON
NZALES,

Case No. 1
16-cv-04184
4-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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LE VOS, et al
E
l.,
s.
Defendants

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United States District Court
Northern District of California

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I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
strict Court, Northern Di
istrict of Cal
lifornia.
Dis
That on November 3, 2016, I SERVED a tr and corre copy(ies) of the attac
n
rue
ect
)
ched, by
pla
acing said co
opy(ies) in a postage paid envelope a
d
addressed to the person(s hereinafte listed, by
s)
er
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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Isa
auro Gonzales ID: AYA
A300/150540
037
County Jail
701 South Able Street
1
e
Mi
ilpitas, CA 95035
9

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ated: Novemb 3, 2016
ber
Da

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

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By
y:_________
___________
_______
N
Nichole Peric Deputy Cle to the
c,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N

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