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Turner v. ACRC

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 22, 2009

JAYSEN J. TURNER, JR., ET AL., PLAINTIFFS,
v.
ACRC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows U. S. Magistrate Judge

ORDER

Presently before the court are plaintiffs' requests for appointment of counsel for minor child plaintiff Jaysen Turner Jr.*fn1

The district court has discretion under 28 U.S.C. § 1915(e)(1) to request counsel to represent an indigent civil litigant. First, however, the court must evaluate both (1) the likelihood of success on the merits and (2) the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. See, e.g., Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991). On the record before it, the court cannot find a likelihood of success on the merits. See Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir.1984) (motions to appoint counsel granted only in exceptional circumstances and at discretion of trial court).

Accordingly, IT IS ORDERED that plaintiffs' February 25, 2009, and May 29, 2009 requests for appointment of counsel are denied.


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