Shelton v. Chorley
Filing
43
ORDER DENYING 41 Motion to Appoint Counsel; ORDER GRANTING 41 Motion for Extension of Time to Respond to Defendant's Request for Production of Documents and GRANTING Plaintiff until March 31, 2010 to Produce Requested Documents signed by District Judge Mary H. Murguia on 3/5/2010. (Sant Agata, S)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WO
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Adam Shelton, Jr., Plaintiff, vs. Glen Chorley, Defendant.
) ) ) ) ) ) ) ) ) ) ) )
No. CV 1-07-560-PHX-MHM ORDER
Pending before the Court are Plaintiff's Request (Motion) for Extension of Time to Respond to Defendant's Request for Production of Documents. Plaintiff has also filed a Motion Requesting Appointment of Counsel. There is no constitutional right to appointment of counsel in a civil case. See Ivey v. Board of Regents of University of Alaska, 673 F.2d 266 (9th Cir. 1982). The appointment of counsel in a civil rights case is required only when exceptional circumstances are present. Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980); Wilborn v. Escalderon, 789 F.2d 1328 (9th Cir. 1986). "A finding of exceptional
circumstances requires an evaluation of both `the likelihood of success on the merits [and] the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved.'" Wilborn, 789 F.2d at 1331 (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). The Court must review both of these factors together in deciding whether or not to appoint counsel. Id.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
The Court finds this action presents no "exceptional circumstances" requiring the appointment of counsel at this time. Plaintiff is in no different a position than other pro se litigations who have brought nearly identical claims. Accordingly, IT IS ORDERED denying without prejudice Plaintiff's Motion Requesting Appointment of Counsel. (Doc. # 41). Good cause appearing, IT IS FURTHER ORDERED granting Plaintiff's Motion for Extension of Time to Respond to Defendant's Request for Production of Documents and granting Plaintiff until March 31, 2010, to produce the requested documents. (Doc. # 41) DATED this 5th day of March, 2010.
-2-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
