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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 No. C 12-5145 RMW (PR) MICHAEL ALLEN STERNI, 12 13 14 v. NAPA STATE HOSPITAL, et al., 15 Defendants. / 16 17 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. 18 Plaintiff filed a request for counsel. (Doc. No. 5.) Plaintiff’s request for counsel is DENIED for 19 want of exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see 20 also Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to 21 counsel in a civil case). The court has not yet screened plaintiff’s complaint to determine if he has 22 alleged a cognizable claim for relief. This denial is without prejudice to the court’s sua sponte 23 appointment of counsel at a future date should the circumstances of this case warrant such 24 appointment. 25 26 IT IS SO ORDERED. Dated: __________________ 27 28 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. / 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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