Opinion

Bo v. Board of Regents of the University of California

Court
District Court, S.D. California
Filed
May 9, 2025
Cited by
0 cases
Authority
More cited than 35.3%

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

11

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

13

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

15

plaintiff’s financial resources; (2) the efforts made by the plaintiff to secure counsel on his

16

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

18

only $1,000, and that he unsuccessfully tried to retain three attorneys—so he satisfies the

19

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

21

a colorable case of employment discrimination.” See In re Farnham, No. C-81-144 MISC,

22

1981 WL 26994, at *1 (N.D. Cal. Dec. 4, 1981). But his complaint is void of any allegation

23

that he was ever employed by the defendant, so he cannot have leveled a meritorious

24

employment-discrimination claim. The Court denies his § 2000e-5 appointment request.

25

Still, the Court can separately appoint an attorney to “represent any person unable to

26

afford counsel” pursuant to 28 U.S.C. § 1915(e)(1). But it may only do so in “exceptional

27

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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