Opinion
2:23-cv-00757-JAD-DJA
10-26-2023
James L. Brooks, Plaintiff, v. Paul Hubbell, et al., Defendants.
ORDER
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
This is a prisoner civil rights action. Plaintiff James L. Brooks is in the custody of the Ely State Prison. Plaintiff moves for appointment of counsel. (ECF No. 15). Because the Court finds that Plaintiff has not demonstrated exceptional circumstances, it denies his motion for appointment of counsel.
I. Discussion.
A litigant does not have a constitutional right to appointed counsel in 42 U.S.C. § 1983 civil rights claims. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). Under 28 U.S.C. § 1915(e)(1), “[t]he court may request an attorney to represent any person unable to afford counsel.” However, the court will appoint counsel for indigent civil litigants only in “exceptional circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (§ 1983 action). “When determining whether ‘exceptional circumstances' exist, a court must consider ‘the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved.'” Id. “Neither of these considerations is dispositive and instead must be viewed together.” Id.
The Court denies Plaintiff's motion because it does not find that he has demonstrated exceptional circumstances. Plaintiff has filed what appears to be a stock motion for appointment of counsel which does not explain why his particular circumstances are extraordinary such that an appointment of counsel is warranted. The stock motion refers to the Federal Rules of Criminal Procedure, which do not apply to this civil case. Plaintiff has also thus far demonstrated an ability to articulate his claims. And, without prejudging the outcome, it is unclear whether Plaintiff will succeed on the merits of his claims. Finally, Plaintiff's mail has been returned as undeliverable. (ECF Nos. 13, 14). The Court will thus require that Plaintiff update his address as required by Nevada Local Rule IA 3-1.
ORDER
IT IS THEREFORE ORDERED that Plaintiff's motion for appointment of counsel (ECF No. 15) is denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff must update his address on or before November 27, 2023. Failure to comply with this order may result in the recommended dismissal of this case.