No. C11-02426 HRL.
July 28, 2011
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL [Re Docket No. 3]
Plaintiff sues for alleged employment discrimination under Title VII, 42 U.S.C. § 2000e. He requests appointment of counsel. Having considered his application and complaint, the request is denied.
Counsel may be appointed in Title VII cases "in such circumstances as the court may deem just." 42 U.S.C. § 2000e-5(f)(1). Courts consider three factors in determining whether to appoint counsel under Title VII: (1) the plaintiff's financial resources; (2) the efforts made by the plaintiff to secure counsel; and (3) whether the claims have merit. See Bradshaw v. Zoological Society of San Diego, 662 F.2d 1301, 1318 (9th Cir. 1981).
The court previously denied plaintiff's application to proceed in forma pauperis because he failed to show that he lacks adequate financial resources. Additionally, plaintiff makes no showing as to what efforts, if any, he has made to secure counsel. Although he is not required to "exhaust the legal directory," Bradshaw, 662 F.2d at 1319 (citation omitted), plaintiff should use reasonable efforts to retain counsel, including, at the very least, contacting a California State Bar-approved lawyer referral service. Because plaintiff fails to satisfy the first twoBradshaw factors, the court expresses no opinion as to whether his claims have merit.
Accordingly, the court denies the request without prejudice to renew it at a later time, if plaintiff can make a proper showing. The court suggests that plaintiff may wish to contact the following organizations for possible assistance:
Lawyer Referral Services Program
The State Bar of California
180 Howard Street
San Francisco, California 94105
Santa Clara County Bar Association Lawyer Referral Service
31 North Second Street, Fourth Floor
San Jose, California 95113
Meanwhile, if he has not already done so, plaintiff is encouraged to obtain a copy of the Pro Se Handbook and other resources that may be available for self-represented parties at http://www.cand.uscourts.gov/proselitigants. Plaintiff may also wish to contact the Federal Legal Assistance Self-Help Center (FLASH), located on the 4th Floor of the Federal Courthouse in San Jose. Appointments with FLASH may be made by signing up at the Center or by calling 408-297-1480.