Uvalles v. Jaquez et al

Filing 188

ORDER by Judge Ronald M. Whyte Denying 180 Motion to Appoint Counsel. (jgS, COURT STAFF) (Filed on 10/12/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 RAUL UVALLES, 11 Plaintiff, 12 v. 13 FRANCISCO JACQUEZ, et al., 14 Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) No. C 09-5221 RMW (PR) ORDER DENYING MOTION TO APPOINT COUNSEL Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against prison officials. Before the court is plaintiff’s motion for counsel. 18 Plaintiff’s motion for appointment of counsel is DENIED for want of exceptional 19 circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. 20 Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a 21 civil case). The issues in this case are not particularly complex and plaintiff has thus far been 22 able to adequately present his claims. This denial is without prejudice to the court’s sua sponte 23 appointment of counsel at a future date should the circumstances of this case warrant such 24 appointment. 25 This order terminates docket no. 180. 26 IT IS SO ORDERED. 27 DATED: RONALD M. WHYTE United States District Judge 28 G:\PRO-SE\SJ.Rmw\CR.09\Uvalles221atty.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RAUL UVALLES, Case Number: CV09-05221 RMW Plaintiff, CERTIFICATE OF SERVICE v. FRANCISCO JAQUEZ et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 12, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Raul Uvalles T-59954 Pelican Bay State Prison Housing: C9-116 P.O. Box 7500 Crescent City, CA 95532 Dated: October 12, 2012 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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