Mushatt v. Ryan et al

Filing 8

ORDER that Plaintiff's 7 Motion for the Appointment of Counsel is denied without prejudice. Signed by Magistrate Judge David K Duncan on 06/23/11. (ESL)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Dythanyl Mushatt, Plaintiff, 10 11 vs. 12 Charles L. Ryan, et al., 13 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) No. CIV 11-0951-PHX-JWS (DKD) ORDER 15 This matter arises on Plaintiff’s Motion for the Appointment of Counsel (Doc.7). 16 Plaintiff requests that the court appoint counsel because he lacks legal training, cannot afford 17 counsel, and because the issues in this matter are complex. (Id.) 18 There is no constitutional right to appointment of counsel in a civil case. See Johnson 19 v. Dep't of Treasury, 939 F.2d 820, 824 (9th Cir. 1991). Appointment of counsel in a civil rights 20 case is required only when exceptional circumstances are present. Terrell v. Brewer, 935 F.2d 21 1015, 1017 (9th Cir. 1991) (citing Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). 22 In determining whether to appoint counsel, the court should consider the likelihood of success 23 on the merits, and the ability of plaintiff to articulate his claims in view of their complexity. 24 Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990). 25 Plaintiff has not demonstrated a likelihood of success on the merits, nor has he shown 26 that he is experiencing difficulty in litigating this case because of the complexity of the issues 27 involved. Moreover, Plaintiff has shown that he is capable of presenting legal and factual 28 1 arguments to the Court. After reviewing the file, the Court determines that this case does not 2 present exceptional circumstances requiring the appointment of counsel. 3 Accordingly, 4 IT IS HEREBY ORDERED that Plaintiff’s Motion for the Appointment of Counsel 5 6 (Doc. 7) is DENIED without prejudice. DATED this 23rd day of June, 2011. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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