(PS) Legardy v. State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLETCHER SHERMAN LEGARDY, No. 2:22-cv-01881 KJM AC 12 Plaintiff, 13 v. ORDER 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 The court is in receipt of plaintiff’s disability accommodation request, filed as a motion to 18 appoint counsel. ECF No. 4. Plaintiff’s motion does not expressly request appointment of 19 counsel; it is instead a state court form seeking assistance with filing documents because of partial 20 blindness. ECF No. 4 21 Though plaintiff does not request counsel, insofar as it was his intention to do so, the court 22 finds he is not entitled to counsel. In civil cases, a pro se litigant’s right to counsel “is a privilege 23 and not a right.” United States ex Rel. Gardner v. Madden, 352 F.2d 792, 793 (9th Cir. 1965) 24 (citation omitted). “Appointment of counsel should be allowed only in exceptional cases.” Id. 25 When determining whether “exceptional circumstances” exist, the court must consider the 26 likelihood of success on the…