Benitez

Benitez v. Carlos Del Toro

Good Law
United States District Court, Southern District of CaliforniaOctober 10, 20233:23-cv-01242California612 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Rodrigo BENITEZ, Case No.: 23-cv-1242-AGS-BGS Plaintiff, ORDER TO SHOW CAUSE AND

DENYING MOTION TO APPOINT

v.

COUNSEL (ECF 6)

Carlos DEL TORO, et al., Defendants. 8 Plaintiff Rodrigo Benitez moves for appointed counsel. Because there is no right to appointed counsel in civil cases, that motion is denied. Furthermore, because Benitez has not yet filed a proof of service, he is ordered to show cause why this case should not be dismissed for failure to prosecute. DISCUSSION In a cogent July 5, 2023 complaint alleging age discrimination, retaliation, and a hostile work environment, Benitez sued Carlos Del Toro, Secretary of the Navy. (See ECF 1.) The Court construes one of his subsequent filings as a motion for the judicial recruitment of counsel. (See ECF 6.) “Generally, a person has no right to counsel in civil actions.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Even under the statutory…

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