Hearn v. Warden

Opinion

I UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 || William HEARN, Case No.: 22-cv-0255-AGS-DDL Platt | ORDER ON OBJECTION 5 || V. REGARDING APPOINTED 6 || RJD WARDEN, et al., COUNSEL (ECF 67) 7 Defendants. 8 The magistrate judge denied without prejudice plaintiff William Hearn’s second 9 ||motion to appoint counsel (ECF 61), and plaintiff objected (ECF 67). The Court may 10 |/reconsider any pretrial matter when “it has been shown that the magistrate judge’s order is 11 ||clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). 12 □□□ ]here is no absolute right to counsel in civil proceedings,” Hedges v. Resol. Tr. 13 || Corp., 32 F.3d 1360, 1363 (9th Cir. 1994), but the Court may appoint counsel for indigent 14 |/persons under “exceptional circumstances,” Terrell v. Brewer, 935 F.2d 1015, 1017 15 Cir. 1991). “A finding of exceptional circumstances requires an evaluation of both 16 || the likelihood of success on the merits and the ability of the petitioner to articulate his 17 claims pro se in light of the complexity of the legal issues involved.” Jd. (cleaned up). 18 The denial of Hearn’s motion to appoint counsel was neither clearly erroneous nor 19 |/contrary to law. The magistrate judge correctly determined that there was “‘no basis upon 20 || which the Court can predict Plaintiff's success at trial” at such an early stage in the 21 proceedings. (ECF 61, at 4.) And the magistrate judge reasonably found that Hearn 22 demonstrated his ability to articulate his claims, which do not appear complex, by filing 23 coherent complaints, motions, and responses. (/d.) Plaintiff's objection is overruled. 24 ||Dated: February 28, 2024 25 A . %6 Hon. Andtew G. Schopler United States District Judge 27 28