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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIE GEORGE ERWIN, JR.,
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Plaintiff,
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v.
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WARDEN R. GROUNDS, et al.,
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Defendants.
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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

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pursuant to 42 U.S.C. § 1983. Defendants filed a motion to dismiss. (Doc. No. 18.) Plaintiff has

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filed an opposition to the motion to dismiss, and an opposition to Defendants’ reply. (Doc. Nos.

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24, 26.) Plaintiff has filed a motion for appointment of counsel. (Doc. No. 27.) Plaintiff’s

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current motion for appointment of counsel is identical to the two previously filed motions for

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appointment of counsel. (Doc. Nos. 20, 21).

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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). This denial is without prejudice to the Court’s sua sponte appointment of counsel at

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a future date should the circumstances of this case warrant such appointment.

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IT IS SO ORDERED.
DATED: 2/5/13

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Order Denying Motion for Appointment of Counsel
G:\PRO-SE\SJ.LHK\CR.12\Erwin031deny-atty.wpd

LUCY H. KOH
United States District Judge