Kimber
Kimber v. Harker
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 BART D. KIMBER, from EEOC Case No.: 21-cv-1487-BTM-WVG and OFO Appeal No. 2019005521
ORDER DENYING REQUEST
Plaintiff, FOR APPOINTMENT OF v. COUNSEL AND DENYING
MOTION TO PROCEED IN
THOMAS W. HARKER, Acting FORMA PAUPERIS Secretary, Department of the
Navy, Agency [ECF NOS. 2, 3] Defendant. 16 Plaintiff has filed a Request for Appointment of Counsel. (ECF No. 3.) There is no right to counsel in civil cases, and district courts may appoint counsel only under “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). “A finding of exceptional circumstances requires an evaluation of both ‘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.’ Neither of these issues is dispositive and both must be viewed together before reaching a decision.” Id. …