Daniels v. Alvarado et al

Filing 35

ORDER denying 34 Plaintiff's Motion to Appointment of Counsel. Signed by Judge Jeffrey T. Miller on 8/6/09. (All non-registered users served via U.S. Mail Service).(tkl) (jrl).

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TED DARNELL DANIELS, vs. O. ALVARADO, et al. Defendants. On or about July 29, 2009 Plaintiff filed a Motion for Appointment of Counsel ("Motion") to assist him in prosecuting his civil rights action brought pursuant to 42 U.S.C. §1983. The Constitution provides no right to appointment of counsel in a civil case. See Lassiter v. Dept. of Social Services, 452 U.S. 18, 25 (1981). Under 28 U.S.C. § 1915(e)(1), however, district courts are granted discretion to appoint counsel for indigent persons under "exceptional circumstances." Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). "A finding of exceptional circumstances requires an evaluation of both the `likelihood of success on the merits and the ability of the plaintiff to articulate [his or her] claims pro se in light of the complexity of the legal issues involved.' Neither of these issues is dispositive and both must be viewed together before reaching a decision.'" Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). Here, it appears that Plaintiff has a sufficient grasp of his case, the legal issues involved, and is able to adequately articulate the basis of his complaint. The complaint adequately sets forth the factual basis for his claims. Further, the Motion is articulate, coherent, and demonstrates a fundamental understanding of the issues. Under these circumstances, the Court denies Plaintiff's -107cv1822 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CASE NO. 07cv1822 JM(POR) Plaintiff, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 request for appointment of counsel because it is not warranted by the interests of justice. LaMere v. Risley, 827 F.2d 622, 626 (9th Cir. 1987). IT IS SO ORDERED. DATED: August 6, 2009 Hon. Jeffrey T. Miller United States District Judge cc: All Parties -2- 07cv1822

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?