Gamble v. Southern Desert Correctional et al

Filing 50

ORDER Granting Plaintiff's 46 Motion to Appoint Counsel. This case is referred to the Pilot Pro Bono Program for appointment of counsel. The Clerk shall forward this order to the Pro Bono Liaison. Signed by Magistrate Judge Cam Ferenbach on 6/7/2017. (Copies have been distributed pursuant to the NEF - cc: Mai Tieu - SLD)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 CLARENCE GAMBLE, Plaintiff, 5 6 7 vs. SOUTHERN DESERT CORRECTIONAL CENTER, et al., 8 9 10 11 12 2:15-cv-00619-JAD-VCF ORDER Defendants. Plaintiff has filed a motion seeking appointment of counsel. (ECF No. 46). Defendants opposed. (ECF No. 47). A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. Storseth v. Spellman, 654 F.2d 1349, 13253 (9th Cir. 1981). 13 The court may appoint counsel under 28 U.S.C. § 1915 only under exceptional circumstances. 14 Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). “A finding of exceptional circumstances requires 15 an evaluation of both the likelihood of success on the merits and the ability of the petitioner to articulate 16 his claims pro se in light of the complexity of the legal issues involved. Neither of these factors is 17 dispositive and both must be viewed together before reaching a decision.” Id. (citations and internal 18 quotation marks omitted). The court has reviewed the complaint and filings in this case. Here, the Court 19 finds exceptional circumstances that warrant the appointment of counsel. 20 21 Accordingly, IT IS HEREBY ORDERED that the Motion for Appointment of Counsel (ECF No. 46) is GRANTED. 22 This case is referred to the Pilot Pro Bono Program ("Program") adopted in General Order 2016- 23 02 for the purpose of screening for financial eligibility (if necessary) and identifying counsel willing to be 24 appointed as pro bono counsel for Plaintiff Clarence Gamble. The scope of appointment shall be for all 25 1 purposes through the conclusion of trial. By referring this case to the Program, the Court is not expressing 2 an opinion as to the merits of the case. 3 4 IT IS HEREBY ORDERED that this case is referred to the Pro Bono Program for appointment of counsel for the purposes identified herein. 5 IT IS FURTHER ORDERED that the Clerk shall also forward this order to the Pro Bono Liaison. 6 DATED this 7th day of June, 2017. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

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?