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Ronald Singson v. Scott Kernan

January 12, 2011

RONALD SINGSON,
PLAINTIFF,
v.
SCOTT KERNAN, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: United States District Judge William Q. Hayes

CDCR #H-23699,

ORDER: (1) DENYING MOTION FOR APPOINTMENT OF COUNSEL; AND (2) DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915A

I.

PROCEDURAL HISTORY

On November 15, 2010, Ronald Singson, a state inmate currently incarcerated at the Richard J. Donovan Correctional Facility ("RJD") located in San Diego, California, submitted a civil action pursuant to 42 U.S.C. § 1983. Plaintiff has paid the required $350.00 initial civil filing fee in order to proceed in this matter rather than filing a Motion to Proceed In Forma Pauperis ("IFP"). In addition, Plaintiff has filed a Motion to Appoint Counsel [Doc. No. 2].

II.

MOTION FOR APPOINTMENT OF COUNSEL

Plaintiff has filed a motion for appointment of counsel in this matter. Generally, there is no right to counsel in a civil action. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (citing Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981)). Under "exceptional circumstances," however, a court may exercise its discretion under another provision of the IFP statute and "request an attorney to represent any person unable to afford counsel." 28 U.S.C. § 1915(e)(2) (emphasis added); Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (under "exceptional circumstances" court may appoint counsel for indigent civil litigants).

Here, Plaintiff's motion for appointment of counsel does not demonstrate the "exceptional circumstances" which must exist in order to justify such an appointment. See Palmer, 560 F.3d at 970 (citing Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)).

Accordingly, Plaintiff's Motion for Appointment of Counsel is DENIED without prejudice.

III.

SUA SPONTE SCREENING PURSUANT TO 28 U.S.C. § 1915A(b)

The Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915A, obligates the Court to review complaints filed by anyone "incarcerated or detained in any facility who is accused of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of parole, probation, pretrial release, or diversionary program," "as soon as practicable after docketing" and regardless of whether the prisoner prepays filing fees or moves to proceed IFP. See 28 U.S.C. § 1915A(a), (c). The Court must sua sponte dismiss prisoner complaints, or any portions thereof, which are ...


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