Hearn

Hearn v. Warden

Good Law
United States District Court, Southern District of CaliforniaFebruary 28, 20243:22-cv-00255California291 words

Opinion

Trial Court Opinion

I UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA 3 || William HEARN, Case No.: 22-cv-0255-AGS-DDL Platt ORDER ON OBJECTION 5 || V. REGARDING APPOINTED 6 || RJD WARDEN, et al., COUNSEL (ECF 67) Defendants. The magistrate judge denied without prejudice plaintiff William Hearn’s second ||motion to appoint counsel (ECF 61), and plaintiff objected (ECF 67). The Court may |/reconsider any pretrial matter when “it has been shown that the magistrate judge’s order is ||clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). □□□ ]here is no absolute right to counsel in civil proceedings,” Hedges v. Resol. Tr. 13 || Corp., 32 F.3d 1360, 1363 (9th Cir. 1994), but the Court may appoint counsel for indigent |/persons under “exceptional circumstances,” Terrell v. Brewer, 935 F.2d 1015, 1017 Cir. 1991). “A finding of exceptional circumstances requires an evaluation of both 16 || the likelihood of success on the merits…

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