(PC) Haggerty v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE E. HAGGERTY, No. 2:21-cv-01248-DJC-AC 12 Plaintiff, 13 v. ORDER 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Pending before the Court is Plaintiff Lee E. Haggerty’s Motion to Appoint Counsel and for ADA Assistance (ECF No. 71). This Court previously denied Plaintiff’s request for counsel after finding that exceptional circumstances did not exist. (See ECF No. 70.) In response to Plaintiff’s requests, the Court took steps to try to secure counsel for Plaintiff’s case. However, due the limited availability of counsel, these attempts were unsuccessful. Although these efforts were made, the Court still finds that under the relevant factors: whether (1) there is a likelihood of success on the merits; and (2) the prisoner is unable to articulate his claim in light of the complexity of the legal issues involved, Cano v. Taylor, 739 F.3d 1214, 1218 (9th Cir. 2014), “exceptional circumstances” do not exist here to appoint counsel. The Plaintiff has not included 1 …