Starr v. Alameda County Jail

Filing 27

ORDER by Judge Ronald M. Whyte Denying 26 Motion for Appointment of Counsel. (jg, COURT STAFF) (Filed on 8/28/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 SHANNON LEE STARR, 12 13 14 Plaintiff, v. ALAMEDA COUNTY JAIL, 15 Defendant. ) ) ) ) ) ) ) ) ) ) No. C 12-4400 RMW (PR) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 16 On June 14, 2013, plaintiff, proceeding pro se, filed a second amended civil rights 17 complaint pursuant to 42 U.S.C. § 1983. (Docket No. 22.) Plaintiff has filed a request for 18 counsel. (Docket No. 26.) Plaintiff’s request for counsel is DENIED for want of exceptional 19 circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. 20 Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a 21 civil case). The court has not yet screened plaintiff’s second amended complaint to determine if 22 he has alleged a cognizable claim for relief. This denial is without prejudice to the court’s sua 23 sponte appointment of counsel at a future date should the circumstances of this case warrant such 24 appointment. 25 IT IS SO ORDERED. 26 DATED: 27 RONALD M. WHYTE United States District Judge 28 Order Denying Motion for Appt. of Counsel G:\PRO-SE\RMW\CR.12\Starr400denyatty.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SHANNON LEE STARR, Case Number: CV12-04400 RMW Plaintiff, CERTIFICATE OF SERVICE v. ALAMEDA COUNTY JAIL et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 28, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Shannon Lee Starr ALJ 123/1-A-1 Alameda County Santa Rita Jail 5325 Broder Boulevard Dublin, CA 94568 Dated: August 28, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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