Estrada v. Clines et al

Filing 39

ORDER by Judge Lucy H. Koh denying 38 Motion to Appoint Counsel (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 8/29/2011)

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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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JAIME IGNASCIO ESTRADA,
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Plaintiff,
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v.
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C. MALO CLINES,
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Defendant,

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No. C 10-4832 LHK (PR)
ORDER DENYING
PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL

(Docket No. 38)

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42

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U.S.C. § 1983 against prison officials. Plaintiff’s motion for appointment of counsel (docket no. 38)

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is DENIED for want of exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th

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Cir. 1997); see also Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no

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constitutional right to counsel in a civil case). The issues in this case are not particularly complex,

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and Plaintiff has thus far been able to adequately present his claims. This denial is without prejudice

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to the Court’s sua sponte appointment of counsel at a future date should the circumstances of this

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case warrant such appointment.

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This order terminates docket no. 38.

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IT IS SO ORDERED.

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DATED: 8/28/11
LUCY H. KOH
United States District Judge

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Order Denying Plaintiff's Motion for Appointment of Counsel
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