Guardado v. State of Nevada ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 tek ok 4 5 ERNEST JORD GUARDADO, ° Plaintiff, 7 2:18-cv-00198-GMN-VCF Vs. ORDER 8 || STATE OF NEVADA, et al., 9 Defendants. 10 11 Before the Court is Plaintiff's Motion For Appointment of Counsel (ECF Nos. 80 & 81). 12 A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. 13 || Storseth v. Spellman, 654 F.2d 1349, 13253 (9th Cir. 1981). 14 The court may appoint counsel under 28 U.S.C. § 1915 only under exceptional circumstances. 15 || Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). “A finding of exceptional circumstances requires 16 || an evaluation of both the likelihood of success on the merits and the ability of the petitioner to articulate 17 ||his claims pro se in light of the complexity of the legal issues involved. Neither of these factors is 18 || dispositive and both must be viewed together before reaching a decision.” /d. (citations and internal 19 || quotation marks omitted). The court has reviewed the complaint and filings in this case. Here, the Court 20 || does not find exceptional circumstances that warrant the appointment of counsel. 21 Accordingly, IT IS HEREBY ORDERED that the Plaintiff's Motion For Appointment of Counsel 22 || (ECF Nos. 80 & 81) is DENIED. 23 DATED this 19th day of August, 2019. Lad Geet □□ 24 95 UNITED STATES MAGISTRATE JUDGE