Frett v. Jacquez et al

Filing 29

ORDER by Judge Ronald M. Whyte Denying 26 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 4/21/2011)

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1 2 3 *E-FILED - 4/21/11* 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 v. F. JACQUEZ, et al., 15 Defendants. / 16 17 18 ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL Plaintiff, 13 14 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. 19 Plaintiff’s motion for appointment of counsel (docket no. 26) is DENIED for want of 20 exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also 21 Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to 22 counsel in a civil case). The issues in this case are not particularly complex and plaintiff has thus far 23 been able to adequately present his claims. This denial is without prejudice to the court’s sua sponte 24 appointment of counsel at a future date should the circumstances of this case warrant such 25 appointment. 26 /// 27 /// 28 /// Order Denying Plaintiff's Motion for Appointment of Counsel P:\PRO-SE\SJ.Rmw\CR.10\Frett733-Atty.wpd 1 This order terminates docket no. 26. 2 IT IS SO ORDERED. 3 4/21/11 Dated: __________________ _________________________ RONALD M. WHYTE United States District Judge 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Plaintiff's Motion for Appointment of Counsel P:\PRO-SE\SJ.Rmw\CR.10\Frett733-Atty.wpd 2

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