Watschke v. Department of the Air Force
Filing
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ORDER DENYING 6 Plaintiff's Motion for Appointment of Counsel, signed by Magistrate Judge Jennifer L. Thurston on 9/13/2017. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARIBEL WATSCHKE,
Plaintiff,
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v.
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DEPARTMENT OF THE AIR FORCE,
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Defendant.
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Case No.: 1:17-cv-1211-DAD - JLT
ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL
(Doc. 6)
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Maribel Watschke seeks for appointment of counsel, indicating she “will have difficulty
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articulating …her claims pro se due to the complexity of the legal issues involved.” (Doc. 6 at 2)
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Although much of the document is illegible due to the ink used by Plaintiff, it appears she contends that
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she does not speak English well. (See id.)
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Plaintiff is informed that in most civil cases, there is no constitutional right to counsel in most
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civil cases, but the Court may request an attorney represent indigent persons. 28 U.S.C. § 1915(e)(1).
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The Court cannot require representation of a plaintiff pursuant to 28 U.S.C. § 1915. Mallard v. U.S.
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District Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). Nevertheless, in
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“exceptional circumstances,” the Court has discretion to request the voluntary assistance of counsel.
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Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997).
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To determine whether “exceptional circumstances exist, the district court must evaluate both the
likelihood of success of the merits [and] the ability of the [plaintiff] to articulate his claims pro se in
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light of the complexity of the legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks
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and citations omitted). Here, despite the assertion that she does not speak English well, Plaintiff was
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able to communicate the facts alleged in her initial complaint. Further, at this early stage in the
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proceeding, the Court is unable to make a determination that Plaintiff is likely to succeed on the merits.
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Therefore, the Court does not find the required exceptional circumstances at this time.
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Accordingly, the Court ORDERS: Plaintiff’s motion for the appointment of counsel (Doc. 6) is
DENIED WITHOUT PREJUDICE.
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IT IS SO ORDERED.
Dated:
September 13, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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