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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ann Garcia,

No. CV-14-02225-PHX-DGC
CV-15-01444-PHX SPL
Plaintiff,

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v.

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Salvation Army,

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ORDER

Defendant.

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Pro se Plaintiff has filed a motion asking the Court to allow her “to retain” an

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attorney to assist with the discovery in this case. Doc. 66. Plaintiff does not need the

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Court’s permission to retain an attorney. If she does retain an attorney to represent her in

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this case, the attorney must make a formal appearance and must comply with the

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litigation schedule established in the Court’s orders.

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If Plaintiff is asking the Court to appoint counsel at the Court’s expense, that

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request will be denied. There is no constitutional right to appointed counsel in a civil

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case. See Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 269 (9th Cir.1982).

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Nevertheless, a district court may appoint counsel in “exceptional circumstances.” See

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28 U.S.C. § 1915(e)(1); Aldabe v. Aldabe, 616 F.2d 1089, 1093 (9th Cir.1980). A finding

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of exceptional circumstances requires an evaluation of both the likelihood of success on

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the merits and the ability of the petitioner to articulate his or her claim pro se in light of

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the complexity of the legal issues involved. Weygant v. Look, 718 F.2d 952, 954 (9th

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Cir.1983)); Richards v. Harper, 864 F.2d 85, 87 (9th Cir.1988).

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Having considered both elements, it does not appear that exceptional

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circumstances are present that would require the appointment of counsel. Plaintiff does

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not attempt to show exceptional circumstances, and although she states that discovery is

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“getting complicated,” Plaintiff is in no different position than many pro se litigants.

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IT IS ORDERED that Plaintiff’s motion for limited scope representation by
attorney (Doc. 66) is denied.
Dated this 23rd day of October, 2015.

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