The following excerpt is from Moreland v. Arnold, No. 2:15-cv-00286 KJM AC P (E.D. Cal. 2015):
1. Absent an evidentiary hearing and as a general rule, a court may appoint counsel only under "exceptional circumstances." Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). "A finding of exceptional circumstances requires an evaluation of both the likelihood of success on the merits and the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved. Neither of these factors is dispositive and both must be viewed together before reaching a decision." Id. (citations and internal quotation marks omitted).
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