Walker v. Dyer
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 14 Motion to Appoint Counsel. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/16/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROGER LEE WALKER,
Case No. 16-cv-04988-YGR (PR)
Plaintiff,
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v.
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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GREGORY J. AHERN,
Defendant.
United States District Court
Northern District of California
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Plaintiff has filed a motion for appointment of counsel to represent him in this action. Dkt.
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14.
There is no constitutional right to counsel in a civil case unless an indigent litigant may
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lose his physical liberty if he loses the litigation. See Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18,
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25 (1981); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997) (no constitutional right to
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counsel in section 1983 action), withdrawn in part on other grounds on reh’g en banc, 154 F.3d
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952 (9th Cir. 1998) (en banc). The court may ask counsel to represent an indigent litigant under
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28 U.S.C. § 1915 only in “exceptional circumstances,” the determination of which requires an
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evaluation of both (1) the likelihood of success on the merits, and (2) the ability of the plaintiff to
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articulate his claims pro se in light of the complexity of the legal issues involved. See id. at 1525;
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Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 789 F.2d 1328,
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1331 (9th Cir. 1986). Both of these factors must be viewed together before reaching a decision on
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a request for counsel under 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
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at an early stage and it is premature for the Court to determine Plaintiff’s likelihood of success on
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the merits. Moreover, Plaintiff has been able to articulate his claims adequately pro se in light of
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the complexity of the issues involved. See Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101, 1103
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(9th Cir. 2004). Accordingly, the request for appointment of counsel is DENIED without
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prejudice. This does not mean, however, that the Court will not consider appointment of counsel
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at a later juncture in the proceedings; that is, after Defendants have filed their dispositive motion
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such that the Court will be in a better position to consider the procedural and substantive matters at
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issue. Therefore, Plaintiff may file a renewed motion for the appointment of counsel after
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Defendants’ dispositive motion has been filed. If the Court decides that appointment of counsel is
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warranted at that time, it will seek volunteer counsel to agree to represent Plaintiff pro bono.
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United States District Court
Northern District of California
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This Order terminates Docket No. 14.
IT IS SO ORDERED.
Dated: November 16, 2017
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YVONNE GONZALEZ ROGERS
United States District Court Judge
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