Cavazos

Cavazos v. Garilaso

Good Law
United States District Court, Southern District of CaliforniaMarch 29, 20233:21-cv-01156California554 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT CAVAZOS, Case No.: 3:21-cv-01156-JAH-LR

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION FOR APPOINTMENT OF

COUNSEL

GARILASO, et al.,

Defendants. [ECF NO. 58] 16 Pending before the Court is Plaintiff Robert Cavazos’ (“Plaintiff”) motion for appointment of counsel. (ECF No. 58). There is no constitutional right to be represented by counsel in a civil action. See Hedges v. Resolution Trust Corp., 32 F.3d 1360, 1363 (9th Cir. 1994); see also Hernandez v. Whiting, 881 F.2d 768, 770-71 (9th Cir. 1989). However, under 28 U.S.C. § 1915(e)(1), district courts are granted discretion to appoint counsel for indigent persons under “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). “A finding of exceptional circumstances requires an evaluation of both the ‘likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro…

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