Huang v. Bell et al

Filing 7

ORDER DENYING REQUEST FOR APPOINTMENT OF COUNSEL. Signed by Judge Jeremy Fogel on 11/16/2009. (jflc3, COURT STAFF) (Filed on 11/16/2009)

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**E-Filed 11/16/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

YONG TAN HUANG, Plaintiff, v. TIM BELL and GAYLE BELL, Defendants.

Case Number CV 09-5099 JF ORDER1 DENYING REQUEST FOR APPOINTMENT OF COUNSEL WITHOUT PREJUDICE

[Re: Docket No. 2]

Plaintiff Yong Tan Huang ("Plaintiff") filed the complaint in the above-entitled action on October 26, 2009. On the same date, Plaintiff filed a request for appointment of counsel. In exceptional circumstances, the Court has discretion to appoint counsel to provide pro bono representation to a plaintiff proceeding in forma pauperis. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). A finding of exceptional circumstances requires an evaluation of (1) the likelihood that the plaintiff's claims will succeed on the merits and (2) the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. See id.

This disposition is not designated for publication and may not be cited.

C a se No. CV 09-5099 JF O R D E R DENYING REQUEST FOR APPOINTMENT OF COUNSEL ( JF L C 3 )

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The required exceptional circumstances do not exist in this case. The purpose of Plaintiff's complaint appears to be an appeal of a state court's ruling. This Court lacks jurisdiction to hear such claims. Accordingly, the request for appointment of counsel is DENIED. IT IS SO ORDERED.

DATED:

11/16/09

__________________________________ JEREMY FOGEL United States District Judge

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C a se No. CV 09-5099 JF O R D E R DENYING REQUEST FOR APPOINTMENT OF COUNSEL ( JF L C 3 )

1 Copies of Order mailed on 11/16/09 to: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
C a se No. CV 09-5099 JF O R D E R DENYING REQUEST FOR APPOINTMENT OF COUNSEL ( JF L C 3 )

Yong Tan Huang 345 N. 5th Street San Jose, CA 95112