Abbott v. Tootell et al

Filing 70

ORDER by Judge Lucy H. Koh denying 68 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 12/14/2012)

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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 JOE ABBOTT, 11 Plaintiff, 12 v. 13 DR. E. TOOTELL, et al., 14 Defendants. 15 16 17 18 ) ) ) ) ) ) ) ) ) ) No. C 11-0183 LHK (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Docket No. 68) Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has filed a motion for appointment of counsel. (Doc. No. 68.) 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 number 68. 26 IT IS SO ORDERED. 27 DATED: 12/13/12 LUCY H. KOH United States District Judge 28 Order Denying Motion for Appointment of Counsel G:\PRO-SE\SJ.LHK\CR.11\Abbott183deny-atty.wpd

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