Opinion
CASE NO. C17-1027 JCC-BAT
09-08-2017
MYCHAL OWENS, Plaintiff, v. JOHN DOE, et. al., Defendant.
ORDER DENYING MOTION TO APPOINT COUNSEL
Mychal Owens, proceeding pro se and in forma pauperis in this civil rights action filed two motions to appoint counsel. Dkt. 6; Dkt. 13. For the following reasons, the Court DENIES the motions without prejudice.
Generally, a person has no right to counsel in a civil action. See Campbell v. Burt, 141 F.3d 927, 931 (9th Cir. 1998). The Court may appoint counsel for indigent civil litigants under 28 U.S.C. § 1915(e)(1), but only under "exceptional circumstances." Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining whether "exceptional circumstances" exist, the Court considers "the likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved." Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). At this early point, the complaint presents insufficient evidence indicating that there is a likelihood of success on the merits. Mr. Owens therefore has not presented exceptional circumstances that would justify the appointment of counsel at this time. Accordingly, the Court DENIES Mr. Owens' motions to appoint counsel without prejudice. Dkt. 6; Dkt. 13. The Clerk shall send a copy of this Order to Mr. Owens.
DATED this 8th day of September, 2017.
/s/_________
BRIAN A. TSUCHIDA
United States Magistrate Judge