Washington v. California Department of Corrections & Rehabilitation

Opinion

1 2 3 4 5 6 7 10 ANTHONY WASHINGTON, 11 Case No. 22-cv-02454 BLF (PR) Plaintiff, 12 ORDER DENYING MOTION FOR v. APPOINTMENT OF COUNSEL 13

CORRECTIONS & 15 REHABILITATION, et al., 16 Defendants. (Docket No. 27) 17

18 19 Plaintiff, a state prisoner, filed a civil rights complaint pursuant to 42 U.S.C. § 20 1983, against an officer at the Salinas Valley State Prison (“SVSP”) where he was 21 formerly incarcerated, and against the California Department of Corrections and 22 Rehabilitation (“CDCR”), the State of California, and the Correctional Peace Officers 23 Association union (“CPOA”). The Court ordered the amended complaint served on April 24 14, 2023. Dkt. No. 21. Defendants were granted an extension of time to file a dispositive 25 motion until no later than October 12, 2023. Dkt. No. 26. 26 Plaintiff has filed a motion for appointment of counsel based on indigency, lack of 27 legal knowledge, and for assistance with an upcoming deposition. Dkt. No. 27. Plaintiff 1 attorney. Jd. There is no constitutional right to counsel in a civil case unless an indigent 2 litigant may lose his physical liberty if he loses the litigation. See Lassiter v. Dep’t of 3 Social Services, 452 U.S. 18, 25 (1981); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 4 1997) (no constitutional right to counsel in § 1983 action), withdrawn in part on other 5 grounds on reh’g en banc, 154 F.3d 952 (9th Cir. 1998) (en banc). The decision to request 6 counsel to represent an indigent litigant under § 1915 is within “the sound discretion of the 7 trial court and is granted only in exceptional circumstances.” Franklin v. Murphy, 745 F.2d 8 } 1221, 1236 (9th Cir. 1984). Here, Plaintiff's grounds are not exceptional among prisoner- g || plaintiffs. Accordingly, the motion is DENIED for lack of exceptional circumstances. See 10 Agveman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004); Rand, 11 113 F.3d at 1525 (9th Cir. 1997); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 3 12 || Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). 5 13 This order terminates Docket No. 27. IT IS SO ORDERED.

15 Dated: August 14, 2023 fliinfhacnan BETH LABSON FREEMAN 16 United States District Judge Z 18 19 20 21 22 23 24 Order Denying Mot. For Appt. of Counsel □□□□□□□□□□□□□□□□□□□□□□ Washington _deny.atty 25 26 27