Lopez v. Giurbino et al

Filing 23

ORDER Denying Without Prejudice 21 Motion for Appointment of Counsel. Signed by Judge Barry Ted Moskowitz on 3/5/12. (All non-registered users served via U.S. Mail Service)(ecs)(jrd)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL ANTHONY LOPEZ,
CDCR # H-30604

Civil
No.
Plaintiff,

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vs.
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
[ECF No. 21]

G.J. GIURBINO; URIBE DOMINGO;
N. GRANNIS; M. HODGES; DENNIS
BROWN; ALICIA GARCIA; L. KASTNER;
M. AYALA; B. NARVIS; D. FOSTON,

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Defendant.

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Plaintiff, a state inmate currently incarcerated at Centinela State Prison and proceeding

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pro se, has filed a Request for Appointment of Counsel [ECF No. 21]. In this Motion, Plaintiff

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requests the appointment of counsel to assist him in prosecuting this civil action. The

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Constitution provides no right to appointment of counsel in a civil case, however, unless an

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indigent litigant may lose his physical liberty if he loses the litigation. Lassiter v. Dept. of Social

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Services, 452 U.S. 18, 25 (1981). Nonetheless, under 28 U.S.C. § 1915(e)(1), district courts are

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granted discretion to appoint counsel for indigent persons. This discretion may be exercised

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only under “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).

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“A finding of exceptional circumstances requires an evaluation of both the ‘likelihood of success

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on the merits and the ability of the plaintiff to articulate his claims pro se in light of the

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complexity of the legal issues involved.’ Neither of these issues is dispositive and both must be
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viewed together before reaching a decision.” Id. (quoting Wilborn v. Escalderon, 789 F.2d

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1328, 1331 (9th Cir. 1986)).

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The Court DENIES Plaintiff’s request without prejudice, as neither the interests of justice

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nor exceptional circumstances warrant appointment of counsel at this time. LaMere v. Risley,

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827 F.2d 622, 626 (9th Cir. 1987); Terrell, 935 F.2d at 1017.

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DATED: March 5, 2012

_________________________________________
HON. BARRY TED MOSKOWITZ, Chief Judge
United States District Court

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