Floyd

Floyd v. 24 Hour Fitness USA, LLC.

Good Law
United States District Court, Northern District of CaliforniaJuly 8, 20243:23-cv-00871California345 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL DEVIN FLOYD, Case No. 23-cv-00871-EMC

Plaintiff,

ORDER RE PLAINTIFF’S MOTION

v. FOR CLARIFICATION

24 HOUR FITNESS USA, LLC, Docket No. 51 Defendant.

12 13 Plaintiff has filed a motion asking for clarification as to why his motion for appointment of counsel was denied. See, e.g., Floyd Decl. ¶ 5 (expressing surprise and being upset about denial of appointment of counsel because he had “renewed efforts to search and find counsel” which took several weeks of his time). The Court provides the following clarification. Generally, a person does not have right to counsel in civil cases; the Constitution does not require such. See Lewis v. Casey, 518 U.S. 343, 354 (1996); Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Under 28 U.S.C. § 1915(e)(1), a court has discretion to appoint an attorney to represent a person unable to afford counsel. See 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to…

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