Dupre

Dupre v. City of San Diego

Good Law
United States District Court, Southern District of CaliforniaAugust 23, 20223:22-cv-00169California501 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 COLIN DUPRE, Case No.: 22cv169-JO-AGS Plaintiff,

12 v.

ORDER DENYING PLAINTIFF’S

REQUEST TO APPOINT COUNSEL

CITY OF SAN DIEGO; ALPHA;

FATHER JOES; MCELROY;

MOSTELLAR; NISLET; SAYASANE; and DOES 1 through 40, inclusive, 16 Defendants. 17 18 19 Plaintiff Colin Dupre, proceeding pro se, filed a civil rights action under 42 U.S.C. § 1983. He requests that the Court appoint counsel because he is unable to afford an attorney. Dkt. 3. For the reasons stated below, the Court denies the motion. While the United States Constitution provides no right to appointment of counsel in civil cases, see Aldabe v. Aldabe, 616 F.2d 1089, 1093 (9th Cir. 1980), the Court may, in its discretion, appoint counsel for an individual that is unable to afford counsel. See 28 U.S.C. § 1915(e)(1). Such requests are granted only in “exceptional circumstances,” after an evaluation of (1) “the likelihood of success on the merits,” and (2) “the ability of the petitioner to…

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