1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 TRI HUU HUYNH, 6 Case No. 18-cv-05670-RS (PR) Plaintiff, 7 ORDER REOPENING ACTION; v. 8 ORDER DENYING MOTION FOR CALIFORNIA DEPARTMENT OF THE APPOINTMENT OF COUNSEL 9 CORRECTIONS AND REHABILITATION (CDCR), et al., 10 Defendants. 11 12 This federal civil rights action is REOPENED. The judgment and the order of 13 dismissal are VACATED. 14 Plaintiff’s motion for the appointment of counsel is DENIED. (Dkt. No. 23.) This 15 case does not present factually or legally complex issues and plaintiff has filed clearly 16 written and well-reasoned filings. Franklin v. Murphy,

(9th Cir. 17 1984) (the decision to request counsel to represent an indigent litigant under 28 U.S.C. 18 § 1915 is within “the sound discretion of the trial court and is granted only in exceptional 19 circumstances.”). 20 Plaintiff’s motion to proceed in forma pauperis is DENIED as moot, the Court 21 having granted his prior such motion. (Dkt. Nos. 9 and 22.) The Court will review his 22 amended complaint in a separate order. The Clerk shall terminate all pending motions. 23 IT IS SO ORDERED. 24 Dated: March _2_0_, 2023 _________________________ 25 RICHARD SEEBORG 26 United States District Judge 27