1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

SHAWNEE L. CARROLL,

7 Case No. 21-cv-03316-JCS Plaintiff, 8 v. ORDER RE MOTION FOR 9 APPOINTMENT OF COUNSEL

ANDREW M. SAUL,

10 Re: Dkt. No. 6 Defendant. 11

12 13 Plaintiff Shawnee Carroll, a pro se plaintiff who is proceeding in forma pauperis having 14 been found by the Court to be indigent, asks the Court to appoint counsel to represent her in this 15 action. Under 28 U.S.C. § 1915(e)(1), the Court is authorized to appoint an attorney to represent 16 any person unable to afford counsel under “exceptional circumstances.” 28 U.S.C § 1915(e)(1); 17 United States v. Madden, 352 F.2d 792, 794 (9th Cir. 1965). “A finding of exceptional 18 circumstances requires an evaluation of both ‘the likelihood of success on the merits [and] the 19 ability of the petitioner to articulate [their] claims pro se in light of the complexity of the legal 20 issues involved.’ ” Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (quoting 21 Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). “Neither of these factors is dispositive and 22 both must be viewed together before reaching a decision on request of counsel under section 23 1915(d).” Id. 24 This Court has already found that Plaintiff qualifies for in forma pauperis status, satisfying 25 the financial need aspect of the Court’s analysis. Therefore, the remaining and dispositive question 26 regarding Plaintiff’s motion for appointment of counsel is whether there are “exceptional 27 circumstances” to warrant the appointment of counsel. At this early stage of the case, the Court is 1 make a determination as to whether Plaintiff will be able to articulate her claims without the 2 appointment of counsel. Therefore, the Court concludes Plaintiff has not demonstrated the 3 existence of exceptional circumstances that warrant appoint of counsel at this time. The Court 4 || DENIES Plaintiffs motion without prejudice to renewing her request for appointment of counsel 5 at a later stage of the case. 6 Plaintiff is encouraged to consult with the Federal Pro Bono Project’s Legal Help Center in 7 || either of the Oakland or San Francisco federal courthouses for assistance. Appointments, which 8 are being conducted remotely during the public health emergency, can be made by calling (415) 9 782-8982. Lawyers at the Legal Help Center can provide basic assistance to parties representing 10 || themselves but cannot provide legal representation. 11 IT IS SO ORDERED. 12

13 Dated: May 7, 2021

JQSEPH C. SPERO

15 ief Magistrate Judge 16

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