Knox v. Arguello et al

Filing 30

ORDER denying 23 Plaintiff's Motion to Show Special Injury. See Order for details. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 11/1/2010. (Copies have been distributed pursuant to the NEF - HJ)

Knox v. Arguello et al

Doc. 30

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MONTENEQUE NAKIA KNOX, ) ) Plaintiff, ) ) vs. ) ) TANIA ARGUELLO, et al., ) ) Defendants. ) ____________________________) 3:09-CV-0559-HDM (RAM) MINUTES OF THE COURT November 1, 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 Show Special Injury (Doc. #23) and Defendants have opposed the Motion (Doc. #29). The court will construe Plaintiff's Motion to Show Special Injury (Doc. #23) as a Motion for the Appointment of Counsel. 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. /// /// ///
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MINUTES OF THE COURT 3:09-CV-0559-HDM (RAM) November 1, 2010 Page Two

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Plaintiff's Motion to Show Special Injury (Doc. #23) is DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk