Sterni v. Napa State Hospital et al

Filing 10

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-5145 RMW (PR)
MICHAEL ALLEN STERNI,

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v.
NAPA STATE HOSPITAL, et al.,

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Defendants.
/

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ORDER DENYING PLAINTIFF'S
REQUEST FOR APPOINTMENT OF
COUNSEL

Plaintiff,

(Docket No. 5)

Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983.

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Plaintiff filed a request for counsel. (Doc. No. 5.) Plaintiff’s request for counsel is DENIED for

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want of exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see

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also Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to

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counsel in a civil case). The court has not yet screened plaintiff’s complaint to determine if he has

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alleged a cognizable claim for relief. 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.

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IT IS SO ORDERED.

Dated: __________________

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Order Denying Plaintiff's Request for Appointment of Counsel
G:\PRO-SE\SJ.Rmw\CR.12\Sterni145deny-atty.wpd

_________________________
RONALD M. WHYTE
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ALLEN STERNI,

Case Number: CV12-05145 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
NAPA STATE HOSPITAL et al,
Defendant.

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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