Opinion
Case No. 18-01115 BLF (PR)
05-22-2018
JACOB SILVERMAN, Plaintiff, v. DUANE CHRISTIAN, Defendant.
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
(Docket No. 8)
Plaintiff, a California state prisoner, filed a civil rights complaint in pro se pursuant to 42 U.S.C. § 1983. On May 9, 2018, the Court found the complaint stated a cognizable claim under the First Amendment and directed Defendant to file a dispositive answer by August 8, 2018. (Docket No. 5.) Plaintiff has filed a motion requesting appointment of counsel "in order to keep formalities properly aligned and not hinder and/or frustrate the Honorable Court and to aid plaintiff pursue the justice he is entitled." (Docket No. 8.)
There is no constitutional right to counsel in a civil case unless an indigent litigant may lose his physical liberty if he loses the litigation. See Lassiter v. Dep't of Social Services, 452 U.S. 18, 25 (1981); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997) (no constitutional right to counsel in § 1983 action), withdrawn in part on other grounds on reh'g en banc, 154 F.3d 952 (9th Cir. 1998) (en banc). The decision to request counsel to represent an indigent litigant under § 1915 is within "the sound discretion of the trial court and is granted only in exceptional circumstances." Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). Accordingly, Plaintiff's motion is DENIED without prejudice for lack of exceptional circumstances. See Agyeman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004); Rand, 113 F.3d at 1525 (9th Cir. 1997); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). This denial is without prejudice to the Court's sua sponte appointment of counsel at a future date should the circumstances of this case warrant such appointment.
This order terminates Docket No. 8.
IT IS SO ORDERED. Dated: May 22, 2018
/s/_________
BETH LABSON FREEMAN
United States District Judge