Calloway v. California Department Correction & Rehabilitation

Filing 72

ORDER by Judge Ronald M. Whyte Denying 68 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 7/6/2009)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. J. TILTON, et al., Defendants. / (Docket No. 68) JAMES WILSON CALLOWAY, Plaintiff, No. C 07-02335 RMW (PR) ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA *E-FILED - 7/6/09* Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. 1983 against prison officials. Plaintiff's motion for appointment of counsel (docket no. 68) is DENIED for want of exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. Dep't of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a civil case). The issues in this case are not particularly complex and plaintiff has thus far been able to adequately present his claims. This denial is without prejudice to the court's sua sponte appointment of counsel at a future date should the circumstances of this case warrant such appointment. /// /// /// Order Denying Plaintiff's Motion for Appointment of Counsel P:\PRO-SE\SJ.Rmw\CR.07\Calloway335.DenyAtty.wpd 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This order terminates docket no. 68. IT IS SO ORDERED. 7/2/09 Dated: __________________ _________________________ RONALD M. WHYTE United States District Judge Order Denying Plaintiff's Motion for Appointment of Counsel P:\PRO-SE\SJ.Rmw\CR.07\Calloway335.DenyAtty.wpd 2

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