Ochoa

Ochoa v. Von Lintig

Good Law
United States District Court, Southern District of CaliforniaMay 1, 20203:19-cv-00346California2,010 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BARRY ERNEST OCHOA, Case No.: 19-cv-00346-MMA-JLB

Plaintiff,

ORDER DENYING WITHOUT

v. PREJUDICE PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

CARLA FRIEDERIKE VON LINTIG,

Defendant. [ECF No. 32] 16 Before the Court is Plaintiff Barry Ernest Ochoa’s Motion for Appointment of Counsel. (ECF No. 32.) Plaintiff is proceeding pro se and in forma pauperis in this 42 U.S.C. § 1983 action, and this is his second request for appointment of pro bono counsel.1 (See ECF Nos. 11; 13; 14.) For the reasons set forth below, Plaintiff’s Motion for Appointment of Counsel is DENIED without prejudice. I. LEGAL STANDARD There is no constitutional right to the appointment of counsel in § 1983 cases. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). However, a court in its

26 On June 25, 2019, the Honorable M. Michael Anello denied Plaintiff’s first Motion for…

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