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Penn v. DOJ, No. 10-2494, 2011 WL 1627343 (E.D. Cal. Apr. 28, 2011) (Brennan, Mag.). Holding: Denying without prejudice plaintiff's motion for leave to amend his complaint and his request for appointment of counsel. "The court cannot conclude that plaintiff's likelihood of success, the complexity of the issues, or the degree of plaintiff's ability to articulate his claims amount to exceptional circumstances justifying the appointment of counsel [pursuant to 28 U.S.C. 1915(e)(1)] at this time."

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