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Woodall v. Schwarzenegger

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Jun 4, 2012
Civil No. 10cv1890 BTM (BGS) (S.D. Cal. Jun. 4, 2012)

Opinion

Civil No. 10cv1890 BTM (BGS)

06-04-2012

SHAWN WOODALL, Plaintiff, v. ARNOLD SCHWARZENEGGER, et al., Defendants.


ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL AND

STAY OF ACTION


(ECF No. 109)

Plaintiff has filed a Request for Appointment of Counsel (ECF No. 109) in which he requests the appointment of counsel to assist him in prosecuting this civil action. The Constitution provides no right to appointment of counsel in a civil case unless an indigent litigant may lose his physical liberty if he loses the litigation. Lassiter v. Dept. of Social Services, 452 U.S. 18, 25 (1981). Nonetheless, under 28 U.S.C. § 1915(e)(1), district courts are granted discretion to appoint counsel for indigent persons. This discretion may be exercised only under "exceptional circumstances." Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). "A finding of exceptional circumstances requires an evaluation of both the 'likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.' Neither of these issues is dispositive and both must be viewed together before reaching a decision." Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)).

The Court DENIES Plaintiff's request without prejudice, as neither the interests of justice nor exceptional circumstances warrant appointment of counsel at this time. LaMere v. Risley, 827 F.2d 622, 626 (9th Cir. 1987); Terrell, 935 F.2d at 1017.

In addition, Plaintiff seeks a stay of this action until July 9, 2012, "due to [Plaintiff's] circumstances." (ECF No. 109 at 1.) However, at this time, Defendants have not yet appeared in the action and there are no pending Motions. There is no basis upon which a stay at this time is necessary. Thus, Plaintiff's request for a stay of this action to July 9, 2012, is DENIED.

______________________________

BARRY TED MOSKOWITZ, Chief Judge

United States District Court


Summaries of

Woodall v. Schwarzenegger

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Jun 4, 2012
Civil No. 10cv1890 BTM (BGS) (S.D. Cal. Jun. 4, 2012)
Case details for

Woodall v. Schwarzenegger

Case Details

Full title:SHAWN WOODALL, Plaintiff, v. ARNOLD SCHWARZENEGGER, et al., Defendants.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Jun 4, 2012

Citations

Civil No. 10cv1890 BTM (BGS) (S.D. Cal. Jun. 4, 2012)