Heriberto Toribio-Ruiz v. Isidro Baca

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 12 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HERIBERTO TORIBIO-RUIZ, No. 22-15013 Plaintiff-Appellant, D.C. No. 3:17-cv-00674-MMD-CLB v. ISIDRO BACA, Warden; et al., MEMORANDUM* Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding Submitted January 11, 2023** San Francisco, California Before: WALLACE, SILVERMAN, OWENS, Circuit Judges. Heriberto Toribio-Ruiz appeals pro se from the district court’s denial of his motions for the appointment of counsel. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review a district court’s denial of a motion to appoint counsel for abuse of discretion. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).  There were no “exceptional circumstances” warranting the appointment of counsel. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). While Toribio- Ruiz had minimal formal education and no legal training, his claim at trial primarily revolved around uncomplicated questions of fact concerning the distribution of his medications. As Toribio-Ruiz did not establish a likelihood of success on the merits and as his claims were not overly complex, the district court did not abuse its discretion. See id. AFFIRMED. 2