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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOE ABBOTT,
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Plaintiff,
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v.
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DR. E. TOOTELL, et al.,
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Defendants.
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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

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circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v.

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Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a

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civil case). The issues in this case are not particularly complex, and Plaintiff has thus far been

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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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This order terminates docket number 68.

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IT IS SO ORDERED.

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DATED:

12/13/12

LUCY H. KOH
United States District Judge

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Order Denying Motion for Appointment of Counsel
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