Frett v. Jacquez et al
Filing
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ORDER by Judge Ronald M. Whyte Denying 26 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 4/21/2011)
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*E-FILED - 4/21/11*
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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v.
F. JACQUEZ, et al.,
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Defendants.
/
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ORDER DENYING PLAINTIFF'S
MOTION FOR APPOINTMENT OF
COUNSEL
Plaintiff,
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No. C 10-3733 RMW (PR)
MALCOLM FRETT,
(Docket No. 26)
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.
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Plaintiff’s motion for appointment of counsel (docket no. 26) is DENIED for want of
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exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also
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Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to
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counsel in a civil case). The issues in this case are not particularly complex and plaintiff has thus far
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been able to adequately present his claims. This denial is without prejudice to the court’s sua sponte
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appointment of counsel at a future date should the circumstances of this case warrant such
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appointment.
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Order Denying Plaintiff's Motion for Appointment of Counsel
P:\PRO-SE\SJ.Rmw\CR.10\Frett733-Atty.wpd
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This order terminates docket no. 26.
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IT IS SO ORDERED.
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4/21/11
Dated: __________________
_________________________
RONALD M. WHYTE
United States District Judge
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United States District Court
For the Northern District of California
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Order Denying Plaintiff's Motion for Appointment of Counsel
P:\PRO-SE\SJ.Rmw\CR.10\Frett733-Atty.wpd
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