Castle v. Sepulveda

Filing 19

ORDER by Judge Lucy H. Koh denying 18 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 1/10/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SY LEE CASTLE,

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Plaintiff,
vs.

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M. SEPULVEDA,
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Defendant.
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No. C 12-2193 LHK (PR)
ORDER DENYING MOTION
FOR APPOINTMENT OF
COUNSEL

(Doc. No. 18.)

Plaintiff, a California state prisoner proceeding pro se, filed a civil rights action under 42

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U.S.C. § 1983, against Dr. M. Sepulveda. On August 12, 2012, the Court ordered service upon

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Defendant. (Doc. No. 6.) On November 21, 2012, the Court set a briefing schedule. (Doc. No.

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16.) Plaintiff has filed a motion for appointment of counsel. (Doc. No. 18.)

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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). 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. The Court would like to remind Plaintiff that this is not a class action suit.

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This order terminates docket no. 18.
Order Denying Motion for Appointment of Counsel
G:\PRO-SE\SJ.LHK\CR.12\Castle193deny-atty.wpd

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IT IS SO ORDERED.
DATED:

1/9/13
LUCY H. KOH
United States District Judge

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Order Denying Motion for Appointment of Counsel
G:\PRO-SE\SJ.LHK\CR.12\Castle193deny-atty.wpd

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