Miller v. Williams et al

Filing 23

REFERRAL TO PRO BONO PROGRAM - ORDER granting ECF No. 17 Motion to Appoint Counsel; this case is referred to the Pro Bono Program for appointment of counsel for purposes identified in order; Clerk directed to forward order to the Pro Bono Liaison (e-mail sent to Mai Tieu 07/25/2017). Signed by Magistrate Judge Cam Ferenbach on 07/25/2017. (Copies have been distributed pursuant to the NEF - KW)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4
5

GRAHAM MILLER,
6

Plaintiff,
7
8

vs.
BRIAN WILLIAMS, et al.,

9

2:16-cv-00895-MMD-VCF
REFERRAL TO PRO BONO PROGRAM

Defendants.

10
11
12
13

Plaintiff has filed a motion seeking appointment of counsel. (ECF No. 17). Defendants opposed.
(ECF No. 19).

14

A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel.

15

Storseth v. Spellman, 654 F.2d 1349, 13253 (9th Cir. 1981). The court may appoint counsel under 28

16

U.S.C. § 1915 only under exceptional circumstances. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

17

1991). “A finding of exceptional circumstances requires an evaluation of both the likelihood of success

18

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

19

the legal issues involved. Neither of these factors is dispositive and both must be viewed together before

20

reaching a decision.” Id. (citations and internal quotation marks omitted). The court has reviewed the

21

complaint and filings in this case. Here, the Court finds that exceptional circumstances that warrant the

22

appointment of counsel.

23

This case is referred to the Pilot Pro Bono Program ("Program") adopted in General Order 2016-

24

02 for the purpose of screening for financial eligibility (if necessary) and identifying counsel willing to be

25

appointed as pro bono counsel for Plaintiff. The scope of appointment shall be for all purposes through

1

the conclusion of trial. By referring this case to the Program, the Court is not expressing an opinion as to

2

the merits of the case.

3

Accordingly,

4

IT IS HEREBY ORDERED that the Motion for Appointment of Counsel (ECF No. 17) is

5
6
7

GRANTED.
IT IS FURTHER ORDERED that this case is referred to the Pro Bono Program for appointment
of counsel for the purposes identified herein.

8

IT IS FURTHER ORDERED that the Clerk shall also forward this order to the Pro Bono

9

Liaison. DATED this 25th day of July, 2017.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE