Garcia v. Salvation Army

Filing 68

ORDER: Plaintiff's motion for limited scope representation by attorney (Doc. 66 ) is denied. Signed by Judge David G Campbell on 10/23/2015. (REK)

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    1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Ann Garcia, No. CV-14-02225-PHX-DGC CV-15-01444-PHX SPL Plaintiff, 10 11 v. 12 Salvation Army, 13 ORDER Defendant. 14 15 Pro se Plaintiff has filed a motion asking the Court to allow her “to retain” an 16 attorney to assist with the discovery in this case. Doc. 66. Plaintiff does not need the 17 Court’s permission to retain an attorney. If she does retain an attorney to represent her in 18 this case, the attorney must make a formal appearance and must comply with the 19 litigation schedule established in the Court’s orders. 20 If Plaintiff is asking the Court to appoint counsel at the Court’s expense, that 21 request will be denied. There is no constitutional right to appointed counsel in a civil 22 case. See Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 269 (9th Cir.1982). 23 Nevertheless, a district court may appoint counsel in “exceptional circumstances.” See 24 28 U.S.C. § 1915(e)(1); Aldabe v. Aldabe, 616 F.2d 1089, 1093 (9th Cir.1980). A finding 25 of exceptional circumstances requires an evaluation of both the likelihood of success on 26 the merits and the ability of the petitioner to articulate his or her claim pro se in light of 27 the complexity of the legal issues involved. Weygant v. Look, 718 F.2d 952, 954 (9th 28 Cir.1983)); Richards v. Harper, 864 F.2d 85, 87 (9th Cir.1988).     1 Having considered both elements, it does not appear that exceptional 2 circumstances are present that would require the appointment of counsel. Plaintiff does 3 not attempt to show exceptional circumstances, and although she states that discovery is 4 “getting complicated,” Plaintiff is in no different position than many pro se litigants. 5 6 7 IT IS ORDERED that Plaintiff’s motion for limited scope representation by attorney (Doc. 66) is denied. Dated this 23rd day of October, 2015. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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