Huynh

Huynh v. California Department of Corrections and Rehabilitation (CDCR)

Good Law
United States District Court, Northern District of CaliforniaMarch 20, 20233:18-cv-05670California210 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TRI HUU HUYNH,

Case No. 18-cv-05670-RS (PR) Plaintiff, ORDER REOPENING ACTION; v. ORDER DENYING MOTION FOR

CALIFORNIA DEPARTMENT OF THE APPOINTMENT OF COUNSEL

CORRECTIONS AND REHABILITATION (CDCR), et al., 10 Defendants. 11 This federal civil rights action is REOPENED. The judgment and the order of dismissal are VACATED. Plaintiff’s motion for the appointment of counsel is DENIED. (Dkt. No. 23.) This case does not present factually or legally complex issues and plaintiff has filed clearly written and well-reasoned filings. Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984) (the decision to request counsel to represent an indigent litigant under 28 U.S.C. § 1915 is within “the sound discretion of the trial court and is granted only in exceptional circumstances.”). Plaintiff’s motion to proceed in forma pauperis is DENIED as moot, the Court having granted his prior such…

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