Morgan v. Berryhill
Filing
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ORDER denying 3 Motion to Appoint Counsel. Signed by Magistrate Judge Karen S. Crawford on 11/27/2017. (All non-registered users served via U.S. Mail Service)(jdt)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 17cv2227-LAB(KSC)
TRAVIS MORGAN,
Plaintiff,
v.
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[Doc. No. 3]
NANCY BERRYHILL, Acting
Commissioner, Social Security
Administration,
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ORDER DENYING PLAINTIFF'S
REQUEST FOR APPOINTMENT OF
COUNSEL
Defendant.
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Plaintiff recently filed a Complaint alleging that defendant Social Security
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Administration ("SSA") failed to comply with its obligations under the Freedom of
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Information Act, 5 U.S.C. § 552 ("FOIA"). [Doc. No. 1, at pp. 1-3.] Along with his
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Complaint, plaintiff filed a Request for Appointment of Counsel. [Doc. No. 3.] In the
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Request, plaintiff states that he has been unable to obtain legal counsel in this case
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despite "diligent efforts." [Doc. No. 3, at p. l.] Plaintiff requests that the Court appoint
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counsel in this case, because he is unable to pay the cost of an attorney and because he
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has no legal training or knowledge to argue the case and file motions. [Doc. No. 3 at pp.
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2-3.]
17cv77?7-T .A R!K>:r.)
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A plaintiff in a civil case generally has no right to appointed counsel. See
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Hernandez v. Whiting, 881 F.2d 768, 770-771 (91h Cir. 1989). Federal Courts do have
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discretion to request counsel "to represent any person unable to afford counsel." 28
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U.S.C. § 1915(e)(l). However, appointment of counsel under Section 1915 requires a
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finding of"exceptional circumstances." Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.
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1991). "A finding of exceptional circumstances requires an evaluation of both the
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likelihood of success on the merits and the ability of the petitioner to articulate his claims
8 prose in light of the complexity of the legal issues involved. Neither of these factors is
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dispositive and both must be viewed together before reaching a decision." Id. (internal
quotations omitted).
Here, plaintiff did file an Application to proceed informa pauperis in this case, but
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his inability to pay has not yet been established, because plaintiff did not sign his
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Application. In a separate Order, the Court denied plaintiffs Application but granted
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him additional time to sign and then re-submit his Application.
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There is also no basis to support a finding of exceptional circumstances at this
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time. First, the record is not sufficiently developed so that the Court can make a
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determination on the likelihood of success on the merits.
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Second, there is nothing from which the Court could conclude plaintiff lacks the
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ability to articulate and prosecute his claims prose. The allegations in the Complaint are
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clearly stated and several exhibits are attached to the Complaint in support of the
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allegations. [Doc. No. 1, at pp. 25-135.] Thus far, plaintiff has shown an ability to
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effectively articulate his claim and communicate with the Court.
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Third, the allegations in the Complaint are not complex. The Complaint includes
only a single claim against the SSA for an alleged failure to comply with FOIA.
Finally, prose litigants are afforded some leniency to compensate for their lack of
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legal training. "In civil rights cases where the plaintiff appears pro se, the court must
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construe the pleadings liberally and must afford plaintiff the benefit of any doubt."
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Jackson v. Carey, 353 F.3d 750, 757 (9th Cir. 2003) (internal citation omitted). This also
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17r.v7??7-1 .A RIK SCI
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applies to motions. Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir. 2003).
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Accordingly, plaintiffs prose status will be taken into consideration by the Court when
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his filings are reviewed.
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Based on the foregoing, IT IS HEREBY ORDERED that plaintiffs Request for
Appointment of Counsel is DENIED.
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IT IS SO ORDERED.
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Dated: November Z.1, 2017
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United States Magistrate Judge
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17e.v??77-1.A RIK~r\
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