443 F. App'x 244

Michael JOHNSON, Plaintiff-Appellant, v. D.K. SISTO; et al., Defendants-Appellees.

No. 10-15559.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 15, 2011.

Michael Johnson, Vacaville, CA, pro se.

Stephanie Lee Roundy, Riggio Mor-daunt & Kelly, Stockton, CA, Kevin W. Reager, AGCA-Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

MEMORANDUM **

Michael Johnson, a California state prisoner, appeals pro se from the district *245court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court’s denial of appointment of counsel, Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009), and we affirm.

The district court did not abuse its discretion by denying Johnson’s motions to appoint counsel because the case did not present exceptional circumstances. See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir.2004) (holding that “[a] finding of the exceptional circumstances of the plaintiff seeking assistance requires at least an evaluation of the likelihood of the plaintiffs success on the merits and an evaluation of the plaintiffs ability to articulate his claims in light of the complexity of the legal issues involved” (citation and internal quotation marks omitted)).

We do not consider claims not actually argued in Johnson’s opening brief. See Entm’t Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211, 1217 (9th Cir.1997).

AFFIRMED.

Johnson v. Sisto
443 F. App'x 244

Case Details

Name
Johnson v. Sisto
Decision Date
Jul 15, 2011
Citations

443 F. App'x 244

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!