Winns v. Exela Enterprise Solutions Inc
- Yvonne Rogers
- 4:20-cv-06762
- U.S. District Court · Northern District of California
- 2
In Winns v. Exela, Judge Beeler denied self-represented Harris L. Winns’s request for appointed counsel.
Harris L. Winns, the self-represented plaintiff seeking appointed counsel.
What happened
In Winns v. Exela Enterprise Solutions Inc, Harris L. Winns, who was representing himself, asked the court to appoint a lawyer for him.
The court explained that people generally do not have a right to appointed counsel in civil cases. It found that the record did not justify appointing a free lawyer and denied the request.
Judge Laurel Beeler issued the order on October 13, 2020. The court separately gave Winns information about resources for people representing themselves, including a handbook and a legal-help service that may provide basic assistance but not representation.
The detailed version
- Winns v. Exela Enterprise Solutions Inc · No. 4:20-cv-06762
- Yvonne Rogers
- Oct. 13, 2020
Background
Harris L. Winns, who was representing himself, moved for appointment of pro bono counsel. The court considered the standard under 28 U.S.C. § 1915(e)(1), which permits appointment of counsel for an indigent civil litigant in exceptional circumstances.
Standard
The court explained that exceptional circumstances depend on two considerations viewed together: the likelihood of success on the merits and the person’s ability to explain the claims without a lawyer in light of the legal issues’ complexity. Neither consideration alone controls.
Ruling
The court stated that, on the record before it, it would not appoint pro bono counsel and denied Winns’s motion. Separately, the court gave him information about resources for self-represented litigants, including the district court’s handbook, Representing Yourself in Federal Court, and the Legal Help Center. The center may provide basic legal help through telephone appointments but does not provide representation.
Judge Laurel Beeler signed the order. The opinion does not decide the underlying claims against Exela Enterprise Solutions Inc.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.