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Jimenez v. Sambrano

November 16, 2007

ALBERTO VERA JIMENEZ, PLAINTIFF,
v.
R. SAMBRANO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Peter C. Lewis U.S. Magistrate Judge United States District Court

ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL (Doc. No. 146.)

Alberto Vera Jimenez ("Plaintiff"), proceeding pro se and in forma pauperis, has filed a third motion for appointment of counsel. (Doc. No. 146.) District courts have discretion, pursuant to 28 U.S.C. § 1915(e)(1), to appoint counsel for indigent litigants upon a showing of 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 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. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)).

Here, for the third time, Plaintiff has failed to address either issue. Plaintiff's motion is DENIED.

IT IS SO ORDERED.

20071116

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