Furnace v. Giurbino et al

Filing 85

ORDER DENYING MOTION FOR ASSIGNMENT OF PRO BONO CO-COUNSEL by Judge Lucy H. Koh denying 81 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 9/25/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDWARD T. FURNACE,

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Plaintiff,
v.
G. GIURBINO, et al.,
Defendants.

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No. C 12-0873 LHK (PR)
ORDER DENYING MOTION
FOR ASSIGNMENT OF PRO
BONO CO-COUNSEL

(Docket No. 81)

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Plaintiff, a state prisoner proceeding pro se, filed a second amended civil rights

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complaint against prison officials at Salinas Valley State Prison pursuant to 42 U.S.C. § 1983.

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On March 22, 2013, defendants filed a motion to dismiss. (Docket No. 53.) Plaintiff filed an

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opposition and defendants filed a reply. (Docket Nos. 72, 77.) On March 10, 2013, plaintiff

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filed a motion for leave to file a third amended complaint. (Docket No. 64.) Defendants filed an

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opposition and plaintiff filed a reply. (Docket Nos. 69, 76.) The motions are now under

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submission with the court.

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Plaintiff now files a motion for assignment of pro-bono co-counsel. (Docket No. 81.)

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Plaintiff’s motion for assignment of counsel is DENIED for want of exceptional circumstances.

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See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. Dep’t of Social

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Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a civil case). The

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issues in this case are not particularly complex, and plaintiff has thus far been able to adequately
Order Denying Motion for Assignment of Pro Bono Co-Counsel
G:\PRO-SE\LHK\CR.12\Furnace873deny-atty.wpd

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present his claims. This denial is without prejudice to the court’s sua sponte appointment of

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

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This order terminates docket no. 81.

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IT IS SO ORDERED.

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DATED:

9/24/13
LUCY H. KOH
United States District Judge

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Order Denying Motion for Assignment of Pro Bono Co-Counsel
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