Conetta v. San Diego Unified Port District, Incorporated et al

Filing 4

ORDER Granting 2 Motion for Leave to Proceed in forma pauperis; and Denying 3 Motion to Appoint Counsel. Signed by Judge M. James Lorenz on 9/3/2009. (All non-registered users served via U.S. Mail Service).(mjj) (kaj).

1 2 3 4 5 6 7 8 9 10 11 MICHAEL PATRICK CONETTA, 12 13 v. 14 SAN DIEGO UNIFIED PORT DISTRICT, INCORPORATED, et al. 15 Defendants. 16 17 18 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 09cv1903-L(RBB) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND DENYING REQUEST FOR APPOINTMENT OF COUNSEL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Plaintiff, proceeding pro se, filed a complaint pursuant to the Americans with Disabilities

19 Act, a motion to proceed in forma pauperis ("IFP Motion") and a request for appointment of 20 counsel. For the reasons which follow, the IFP Motion is GRANTED and the request for 21 appointment of counsel is DENIED. 22 All parties instituting any civil action, suit or proceeding in a United States District Court

23 must pay a filing fee. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's 24 failure to prepay the fee only if the plaintiff is granted leave to proceed in forma pauperis 25 pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 26 Plaintiff's declaration shows he has insufficient income and assets to pay the filing fee. 27 Accordingly, Plaintiff's IFP Motion is GRANTED. 28 Plaintiff also requested appointment of counsel to represent him in this case. The
09cv1903

1 Constitution provides no right to appointment of counsel in a civil case. See Lassiter v. Dept. of 2 Soc. Servs., 452 U.S. 18, 25 (1981). Under 28 U.S.C. § 1915(e)(1), the court may appoint 3 counsel only under exceptional circumstances. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 4 1991). "A finding of exceptional circumstances requires an evaluation of both the likelihood of 5 success on the merits and the ability of the petitioner to articulate his claims pro se in light of the 6 complexity of the legal issues involved." Id. (internal quotation marks and citation omitted). 7 The allegations in Plaintiff's complaint demonstrate he has sufficient writing ability and

8 legal knowledge to articulate his claim. The facts and issues raised are not particularly complex. 9 At this early stage of the case, the likelihood of success on the merits is uncertain. Based on the 10 foregoing, Plaintiff's request for appointment of counsel is DENIED. 11 12 13 DATED: September 3, 2009 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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09cv1903

IT IS SO ORDERED.

M. James Lorenz United States District Court Judge