Sterni v. Napa State Hospital et al
ORDER 5 Denying Plaintiff's Request for Appointment of Counsel. Signed by Judge Ronald M. Whyte on 1/22/13. (jg, COURT STAFF) (Filed on 1/22/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 12-5145 RMW (PR)
MICHAEL ALLEN STERNI,
NAPA STATE HOSPITAL, et al.,
ORDER DENYING PLAINTIFF'S
REQUEST FOR APPOINTMENT OF
(Docket No. 5)
Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983.
Plaintiff filed a request for counsel. (Doc. No. 5.) Plaintiff’s request for counsel is DENIED for
want of exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see
also Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to
counsel in a civil case). The court has not yet screened plaintiff’s complaint to determine if he has
alleged a cognizable claim for relief. This denial is without prejudice to the court’s sua sponte
appointment of counsel at a future date should the circumstances of this case warrant such
IT IS SO ORDERED.
Order Denying Plaintiff's Request for Appointment of Counsel
RONALD M. WHYTE
United States District Judge
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case Number: CV12-05145 RMW
CERTIFICATE OF SERVICE
NAPA STATE HOSPITAL et al,
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 January 22, 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.
Michael Allen Sterni AL-7692
California Correctional Institution
Facilituy -D/ Dorm-5/Bunk #46U
Post Office Box 608
Tehachapi, CA 93581
Dated: January 22, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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