Peace

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL PEACE, Case No. 21-cv-01227-SI

Plaintiff,

ORDER DENYING REQUEST FOR

v. COUNSEL

WU, et al., Re: Dkt. No. 6 Defendants.

12 Plaintiff has requested that counsel be appointed to represent him in this action. A district court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. See id. Neither of these factors is dispositive and both must be viewed together before deciding on a request for counsel under § 1915(e)(1). Exceptional circumstances are not present here. The facts giving rise to the complaint are rather simple and the legal claims …