The opinion
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 Huyun BO, Case No.: 24-cv-2212-AGS-KSC
4 Plaintiff,
ORDER DENYING PLAINTIFF’S
5 v. MOTIONS FOR APPOINTMENT OF
COUNSEL (ECF 2) AND TO
6 REGENTS OF THE UNIVERSITY OF
EXPEDITE TRIAL SCHEDULE
CALIFORNIA, et al.,
7 (ECF 9)
Defendants.
8
9
Plaintiff Huyun Bo asks the Court to appoint counsel on his behalf under 42 U.S.C.
10
§ 2000e-5 and to expedite the trial schedule. (See ECF 2; ECF 9.) But he does not qualify
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for counsel appointment and has made no showing that an expedited schedule is warranted.
12
“[I]n such circumstances as the court may deem just, the court may appoint an
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attorney.” 42 U.S.C. § 2000e-5(f)(1). When determining whether to appoint counsel under
14
this “employment discrimination case” provision, courts consider three factors: “(1) the
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plaintiff’s financial resources; (2) the efforts made by the plaintiff to secure counsel on his
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or her own; and (3) the merit of the plaintiff’s claim.” Johnson v. United States Dep’t of
17
Treasury, 939 F.2d 820, 824 (9th Cir. 1991). Bo represents that he is unemployed with
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only $1,000, and that he unsuccessfully tried to retain three attorneys—so he satisfies the
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first two factors. (ECF 2, at 3–4, 6.) His request falters, however, at the third factor.
20
To succeed on a Civil Rights Act employment-discrimination claim, Bo “must state
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a colorable case of employment discrimination.” See In re Farnham, No. C-81-144 MISC,
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1981 WL 26994, at *1 (N.D. Cal. Dec. 4, 1981). But his complaint is void of any allegation
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that he was ever employed by the defendant, so he cannot have leveled a meritorious
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employment-discrimination claim. The Court denies his § 2000e-5 appointment request.
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Still, the Court can separately appoint an attorney to “represent any person unable to
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afford counsel” pursuant to 28 U.S.C. § 1915(e)(1). But it may only do so in “exceptional
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circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). “When determining
28
1 || whether ‘exceptional circumstances’ exist, a court must consider the likelihood of success
2 ||on the merits as well as the ability of the petitioner to articulate his claims pro se in light
3 || of the complexity of the legal issues involved.” /d. (cleaned up).
4 At this stage of the analysis, it cannot be said that Bo is likely to succeed in his
5 || “Fifth, Sixth, and Fourteenth Amendment|]” and “double jeopardy” claims. (ECF 1, at 3.)
6 || His lawsuit is premised upon his disagreement with a university’s decision to “suspend[]”
7 || him “from the University of California for four calendar years” after finding that he was
8 || “stalking” his ex-girlfriend on an “extremely and invasive scale” in addition to leveling
9 || “multiple threats” against her, her pet, and her new boyfriend. (ECF 1-2, at 15.) However
10 “unfair and irresponsible” he may believe that the decision was, his complaint does not
11 allege anything that rises to the level of a Fifth, Sixth, or Fourteenth Amendment violation,
12 any double-jeopardy concerns. (See ECF 1, at 3, 8.) Bo even concedes that he faces an
13 || uphill legal battle, acknowledging that the “‘Double Jeopardy Clause’ does not apply in
14 || this case.” Ud. at 16.) So, although he “hopes to advance [the] American judiciary” by
15 || changing that in “this case” (ECF 1, at 16), his admitted lack of a legal basis is a strong
16 ||indication that he is unlikely to succeed, see Palmer, 560 F.3d at 970. And his ability to
17 ||recognize that fact indicates that he is “able to articulate his claims” pro se. See id. There
18 || are thus no “exceptional circumstances” warranting appointment of counsel tn this case.
19 Nor has Bo made a showing that the Court should issue an “expedited trial schedule.”
20 || (See ECF 9, at 2.) He may be “in the prime of youth” (id.), but that is not a sufficient ground
21 || to expedite trial—especially given the faulty merits of his claim. Bo’s counsel-appointment
22 expedited trial requests are DENIED. As there are no hearings scheduled in this case,
23 ||his request to appear remotely is DENIED AS MOOT. If the Court schedules any
24 || hearings, he may file his remote-appearance and interpretation requests at that time.
25 Dated: May 9, 2025
27 Hon. Andrew G. Schopler
28 United States District Judge