Saddozai v. Nelson ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SHIKEB SADDOZAI, 11 Case No. 18-04492 BLF (PR) Plaintiff, 12 ORDER DENYING THIRD v. MOTION FOR APPOINTMENT OF 13 COUNSEL SAN FRANCISCO GENERAL 14 HOSPITAL MEDICAL CENTER, et al., 15 Defendants. 16 (Docket No. 26) 17 18 Plaintiff, a state prisoner proceeding pro se filed a civil rights complaint pursuant to 19 42 U.S.C. § 1983. On December 10, 2018, the Court dismissed the complaint with leave 20 to amend. (Docket No. 15.) In the same order, the Court denied Plaintiff’s motion for 21 appointment of counsel. (Id.; Docket No. 10.) On July 11, 2019, the Court dismissed the 22 amended complaint with leave to amend, and in the same order denied Plaintiff’s second 23 motion for appointment of counsel. (Docket Nos. 17, 21.) Plaintiff has filed a third 24 motion for appointment of counsel for essentially the same reasons stated in his previous 25 motions, i.e., he is unable to afford counsel, the issues are complex, lack of legal 26 knowledge of the law, limited access to the law library, and counsel’s assistance would be 27 invaluable should the matter go to trial. (Docket No. 26.) 1 The Court dismissed Plaintiff’s first amended complaint with leave to amend to 2 || correct pleading deficiencies with respect to his Fourteenth Amendment claims. (Docket 3 || No. 21.) Plaintiff has filed a second amended complaint which is pending initial review. 4 || (Docket No. 25.) As such, it is yet uncertain whether this action will actually proceed to 5 || trial, and the other reasons set forth do not distinguish Plaintiff from other pro se prisoner 6 || litigants. Accordingly, the motion for appointment of counsel is DENIED for lack of 7 || extraordinary circumstances. See Agyeman v. Corrections Corp. of America, 390 F.3d 8 1101, 1103 (9th Cir. 2004); Rand, 113 F.3d at 1525 (9th Cir. 1997); Terrell v. Brewer, 935 9 || F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 10 || 1986). This denial is without prejudice to the Court’s sua sponte appointment of counsel 11 || at a future date should the circumstances of this case warrant such appointment. a 12 This order terminates Docket No. 26. 13 || ITISSO ORDERED. © 14 || Dated: _October 17, 2019_ / eof l hon mcd BETH LABSON FREEMAN IS United States District Judge 16 Z 18 19 20 21 22 23 24 25 Order Denying Third Mot. for Appt. of Counsel PRO-SE\BLF\CR.18\04492S addozai_deny-atty3 26 27