Anderson v. Department of Corrections

Opinion

3 ANTHONY K. ANDERSON, Case No. 2:21-cv-00514-APG-EJY

4 Plaintiff, ORDER 5 v.

6 STATE OF NEVADA, et al.,

7 Defendants.

8 9 Pending before the Court are Plaintiff’s second and third in forma pauperis applications (ECF 10 Nos. 5 and 7), and Ex Parte Motion for Appointment of Counsel (ECF No. 9). Under 28 U.S.C. § 11 1915(a)(2) and Local Rule LSR 1-2 Plaintiff’s second in forma pauperis application is complete and 12 granted rendering the third in forma pauperis application moot. 13 Plaintiff’s Ex Parte Motion for Appointment of Counsel is denied. Plaintiff does not have a 14 constitutional right to appointment of counsel to assist with his 42 U.S.C. § 1983 civil rights 15 claims. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). The appointment of counsel in 16 a civil rights matter requires the Court to find extraordinary circumstances, which in turn requires 17 the Court to consider the likelihood of Plaintiff’s success on the merits of his case and his ability to 18 articulate his claims in light of the complexities of the legal issues presented. Agyeman v. 19 Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). “Neither of these factors is 20 dispositive and both must be viewed together before reaching a decision on [a] request [for] 21 counsel.” Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). A review of Plaintiff’s First 22 Amended Complaint (ECF No. 8), which is the subject of a separate screening order, reveals neither 23 the complexities nor the likelihood of success necessary to warrant appointment of counsel at this 24 time. In fact, Plaintiff’s 193 page First Amended Complaint does not state a coherent claim upon 25 which relief maybe granted. 26 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s second in forma pauperis 27 application (ECF No. 5) is GRANTED. 1 IT IS FURTHER ORDERED that Plaintiff’s third in forma pauperis application (ECF No. 2 7) is DENIED as moot. 3 IT IS FURTHER ORDERED that Plaintiff’s Ex Parte Motion for Appointment of Counsel 4 (ECF No. 9) is DENIED for the reasons stated above. 5 Dated this 27th day of May, 2021. 6

7 ELAYNA J. YOUCHAH 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27