Heriberto Toribio-Ruiz v. Isidro Baca

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 12 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HERIBERTO TORIBIO-RUIZ, No. 22-15013
Plaintiff-Appellant, D.C. No.
3:17-cv-00674-MMD-CLB
v.
ISIDRO BACA, Warden; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, Chief District Judge, Presiding
Submitted January 11, 2023**
San Francisco, California
Before: WALLACE, SILVERMAN, OWENS, Circuit Judges.
Heriberto Toribio-Ruiz appeals pro se from the district court’s denial of his
motions for the appointment of counsel. We have jurisdiction pursuant to 28 U.S.C.
§ 1291. We review a district court’s denial of a motion to appoint counsel for abuse
of discretion. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
There were no “exceptional circumstances” warranting the appointment of
counsel. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). While Toribio-
Ruiz had minimal formal education and no legal training, his claim at trial primarily
revolved around uncomplicated questions of fact concerning the distribution of his
medications. As Toribio-Ruiz did not establish a likelihood of success on the merits
and as his claims were not overly complex, the district court did not abuse its
discretion. See id.AFFIRMED.
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