1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 AMMIANUS POMPILIUS aka ANTHONY 6 PRENTICE, 7 Plaintiff, 2:18-cv-01801-APG-VCF ORDER 8 vs. JAMES DZURENDA, et al., 9 Defendants. 10

11 Before the Court are Plaintiff’s Motion For Appointment of Counsel (ECF No. 85) and the Motion 12 to Withdraw ECF No. 82 (ECF No. 86). 13 A litigant in a civil rights action does not have a Sixth Amendment right to appointed counsel. 14 Storseth v. Spellman,

(9th Cir. 1981). 15 The court may appoint counsel under

only under exceptional circumstances. 16 Terrell v. Brewer,

(9th Cir. 1991). “A finding of exceptional circumstances requires 17 an evaluation of both the likelihood of success on the merits and the ability of the petitioner to articulate 18 his claims pro se in light of the complexity of the legal issues involved. Neither of these factors is 19 dispositive and both must be viewed together before reaching a decision.”

(citations and internal 20 quotation marks omitted). The court has reviewed the complaint and filings in this case. Here, the Court 21 does not find exceptional circumstances that warrant the appointment of counsel. 22 ECF No. 82 was denied as moot in ECF No. 84. (ECF No. 84, page 9). 23 Accordingly, IT IS HEREBY ORDERED that the Plaintiff’s Motion For Appointment of Counsel 24 (ECF No. 85) is DENIED. 25 1 IT IS FURTHER ORDERED that the Motion to Withdraw ECF No. 82 (ECF No. 86) is DENIED 2 || as moot. 3 DATED this Ist day of November, 2021. Keg en on. 1 CAMFERENBACH . UNITED STATES MAGISTRATE JUDGE

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