(PS) Alcala v. Murphy

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20192:19-cv-00969California560 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE ALCALA, et al., CASE NO: 2:19-cv-00969-KJM-CKD (PS)

Plaintiffs,

v.

ORDER

THERESA MURPHY, et al.,

Defendants. 16 Before the court are two motions. Plaintiffs’ first motion requests counsel be appointed to represent them in this civil matter. (ECF No. 10.) Any successful application for appointment of counsel must comply with criteria set forth in Bradshaw v. Zoological Society of San Diego, 662 F.2d 1301 (9th Cir. 1981). Before appointing counsel to plaintiff, the court must consider (1) plaintiff’s financial resources, (2) the efforts already made by plaintiff to secure counsel, and (3) plaintiff’s likelihood of success on the merits. Id. at 1318. Appointment of counsel is not a matter of right. See Ivey v. Bd. of Regents, 673 F. 2d 266, 269 (9th Cir. 1982). Because plaintiffs are proceeding in forma pauperis, the first factor, which relates to their financial condition, is a fortiori resolved in their favor. As to the…

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