William England v. State Of Nevada et al

Filing 169

ORDER denying 168 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 10/5/2010. (Copies have been distributed pursuant to the NEF - HJ)

William England v. State Of Nevada et al

Doc. 169

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA WILLIAM ENGLAND, ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ____________________________) 3:06-CV-0576-RAM MINUTES OF THE COURT October 5, 2010

PRESENT: THE HONORABLE ROBERT A. McQUAID, JR., U.S. MAGISTRATE JUDGE DEPUTY CLERK: JENNIFER COTTER REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Plaintiff has filed a Motion to Reconsideration for Appointment of Counsel (Doc. #168). A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). In very limited circumstances, federal courts are empowered to request an attorney to represent an indigent civil litigant. The circumstances in which a court will make such a request, however, are exceedingly rare, and the court will make the request under only extraordinary circumstances. United States v. 30.64 Acres of Land, 795 F.2d 796, 799-800 (9th Cir. 1986); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). A finding of such exceptional circumstances requires that the court evaluate both the likelihood of success on the merits and the pro se litigant's ability to advocate his claims. Neither factor is controlling; both must be viewed together in making the finding. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991), citing Wilborn, supra, 789 F.2d at 1331. The district court exercises discretion in making this finding. /// ///

Dockets.Justia.com

MINUTES OF THE COURT 3:06-CV-0576-RAM October 5, 2010 Page Two

The court will not enter an order directing the appointment of counsel in this case. The Plaintiff has demonstrated that he is able to litigate this case on his own. He has filed a complaint and numerous motions with the court. Those filings exhibit Plaintiff's ability to advocate his case in an organized, logical, and forceful manner. Plaintiff's Motion to Reconsideration for Appointment of Counsel (Doc. #168) is DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk