(PS) Channel v. Shulkin ( 2019 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TASHIA CHANNEL, No. 2:18-cv-02414-MCE-AC 11 Plaintiff, 12 v. ORDER 13 DAVID J. SHULKIN, et al., 14 Defendants. 15 16 The court is in receipt of plaintiff’s motion to appoint counsel. ECF No. 50. Plaintiff is 17 bringing her civil case as a self-represented litigant proceeding in forma pauperis. ECF No. 6. 18 I. Motion 19 Plaintiff requests that the court appoint counsel, asserting she has sought counsel on her 20 own but has been unable to find representation due to income and time limits. ECF No. 50 at 2. 21 Plaintiff stated that several attorneys have turned down her case but told her that her civil rights 22 were violated. Id. Plaintiff asserts that an attorney would help her understand the court 23 processes, including why defendants’ reply brief to their motion to dismiss was sent out late such 24 that plaintiff would not have time to reply. Id. 25 II. Analysis 26 In civil cases, a pro se litigant’s right to counsel “is a privilege and not a right.” United 27 States ex Rel. Gardner v. Madden, 352 F.2d 792, 793 (9th Cir. 1965) (citation omitted). 28 “Appointment of counsel should be allowed only in exceptional cases.” Id. When determining 1 || whether “exceptional circumstances” exist, the court must consider the likelihood of success on 2 || the merits as well as the ability of the plaintiff to articulate his claims pro se in light of the 3 || complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). 4 Having considered the relevant factors, the court finds there are no exceptional 5 || circumstances in this case, and that appointment of counsel is not warranted at this time. 6 || Plaintiffs case is not overly complex, and plaintiff has already demonstrated herself adequately 7 || able to proceed. The fact that plaintiff is inexperienced with legal procedures is common to all 8 || pro se litigants.'! Because this case presents no unique circumstances, appointment of counsel is 9 | not appropriate. 10 I. Conclusion 11 Plaintiff’ s motion to appoint counsel (ECF No. 50) is DENIED. 12 IT IS SO ORDERED. 13 | DATED: November 13, 2019 ~ 14 HhtAter—Chare ALLISON CLAIRE 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 || | The court does note for plaintiff’ s benefit that there is no need to reply to a reply brief — indeed, plaintiff cannot do so without leave of court. When a motion is filed, the opposing party has an 28 | opportunity to respond, the moving party may submit a reply, and that concludes the briefing.