Erwin et al v. Grounds

Filing 28

ORDER by Judge Lucy H. Koh denying 27 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 2/6/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 WILLIE GEORGE ERWIN, JR., 10 Plaintiff, 11 v. 12 WARDEN R. GROUNDS, et al., 13 Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) No. C 12-0031 LHK (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Docket No. 27) Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint 16 pursuant to 42 U.S.C. § 1983. Defendants filed a motion to dismiss. (Doc. No. 18.) Plaintiff has 17 filed an opposition to the motion to dismiss, and an opposition to Defendants’ reply. (Doc. Nos. 18 24, 26.) Plaintiff has filed a motion for appointment of counsel. (Doc. No. 27.) Plaintiff’s 19 current motion for appointment of counsel is identical to the two previously filed motions for 20 appointment of counsel. (Doc. Nos. 20, 21). 21 Plaintiff’s motion for appointment of counsel is DENIED for want of exceptional 22 circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. 23 Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a 24 civil case). This denial is without prejudice to the Court’s sua sponte appointment of counsel at 25 a future date should the circumstances of this case warrant such appointment. 26 27 IT IS SO ORDERED. DATED: 2/5/13 28 Order Denying Motion for Appointment of Counsel G:\PRO-SE\SJ.LHK\CR.12\Erwin031deny-atty.wpd LUCY H. KOH United States District Judge

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