Guardado v. State of Nevada et al
Filing
82
ORDER Denying 80 , 81 Motions for Appointment of Counsel. Signed by Magistrate Judge Cam Ferenbach on 8/19/2019. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ERNEST JORD GUARDADO,
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Plaintiff,
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vs.
STATE OF NEVADA, et al.,
2:18-cv-00198-GMN-VCF
ORDER
Defendants.
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Before the Court is Plaintiff’s Motion For Appointment of Counsel (ECF Nos. 80 & 81).
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A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel.
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Storseth v. Spellman, 654 F.2d 1349, 13253 (9th Cir. 1981).
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The court may appoint counsel under 28 U.S.C. § 1915 only under exceptional circumstances.
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Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). “A finding of exceptional circumstances requires
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an evaluation of both the likelihood of success on the merits and the ability of the petitioner to articulate
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his claims pro se 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. (citations and internal
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quotation marks omitted). The court has reviewed the complaint and filings in this case. Here, the Court
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does not find exceptional circumstances that warrant the appointment of counsel.
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Accordingly, IT IS HEREBY ORDERED that the Plaintiff’s Motion For Appointment of Counsel
(ECF Nos. 80 & 81) is DENIED.
DATED this 19th day of August, 2019.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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