Perdomo v. Plumber

Filing 39

ORDER DENYING SECOND MOTION FOR APPOINTMENT OF COUNSEL by Judge Beth Labson Freeman. Denying 38 Motion to Appoint Counsel. (tshS, COURT STAFF) (Filed on 10/10/2019) (Additional attachment(s) added on 10/10/2019: # 1 Certificate/Proof of Service) (tshS, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CARLOS PERDOMO, United States District Court Northern District of California Plaintiff, 12 v. 13 Case No. 17-06962 BLF (PR) ORDER DENYING SECOND MOTION FOR APPOINTMENT OF COUNSEL S.V.S.P., et al., 14 Defendants. 15 (Docket No. 38) 16 17 Plaintiff, a state prisoner proceeding pro se, filed a complaint pursuant to 18 42 U.S.C. § 1983 against prison officials at the Salinas Valley State Prison (“SVSP”). 19 Plaintiff has filed a second motion and declaration requesting appointment of counsel. 20 (Docket No. 38) Plaintiff declares he lacks income to employ counsel, he has limited 21 access to the law library, and he has no education in the law. (Id.) 22 Plaintiff does not provide the Court with any new information that he did not 23 present in his first motion for appointment of counsel, (Docket No. 24), and his reasons are 24 no different from those posed by other pro se prisoner litigants. Accordingly, Plaintiff’s 25 motion is DENIED without prejudice for lack of exceptional circumstances. See Agyeman 26 v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004); Rand, 113 F.3d at 27 1525 (9th Cir. 1997); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. 28 Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). 1 This order terminates Docket No. 38. 2 IT IS SO ORDERED. 3 Dated: _October 10, 2019_ ________________________ BETH LABSON FREEMAN United States District Judge 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Second Motion for Appointment of Counsel P:\PRO-SE\BLF\CR.17\06962Perdomo_deny.atty2.docx 2

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