Hogg

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ROOSEVELT HOGG, Case No. 23-cv-06021-WHO (PR)

Plaintiff, ORDER DENYING MOTION FOR

THE APPOINTMENT OF

v. COUNSEL;

R. QUINTEROS, et al., ORDER DISMISSING COMPLAINT

WITH LEAVE TO AMEND

Defendants. 8 Dkt. Nos. 18, 21, 22, and

10 Plaintiff Hogg moves for the appointment of counsel. (Dkt. No. 21.) The decision 11 to request counsel to represent an indigent litigant under 28 U.S.C. § 1915 is within “the 12 sound discretion of the trial court and is granted only in exceptional circumstances.” 13 Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). A finding of “exceptional 14 circumstances” requires an evaluation of the likelihood of the plaintiff’s success on the 15 merits and an evaluation of the plaintiff’s ability to articulate his claims pro se in light of 16 the complexity of the legal issues involved. See Agyeman v. Corrections Corp. of 17 America, 390 F.3d 1101, 1103 (9th Cir. 2004). Neither the need for discovery, nor the fact 18 that the pro…