Bratset v. Davis Joint Unified School District et al

Filing 70

ORDER signed by Magistrate Judge Deborah Barnes on 8/11/17, ORDERING that Plaintiff's 68 request to file documents under seal is GRANTED. Plaintiff's 68 request for the appointment of counsel is DENIED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURA BRATSET, et al.,

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No. 2:16-cv-0035 GEB DB PS

Plaintiffs,
v.

ORDER

DAVIS JOINT UNIFIED SCHOOL
DISTRICT, et al.,
Defendants.

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Plaintiff, Laura Bratset, is proceeding pro se in this action. Therefore, the matter was

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referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).

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On July 20, 2017, plaintiff filed a request to seal documents and a request for the appointment of

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counsel. (ECF No. 68.)

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In evaluating requests to seal, the court starts “‘with a strong presumption in favor of

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access to court records.’” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th

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Cir. 2016) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir.

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2003)). “The presumption of access is ‘based on the need for federal courts, although

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independent – indeed, particularly because they are independent – to have a measure of

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accountability and for the public to have confidence in the administration of justice.’” Id.

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(quoting United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995)). A request to seal material
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must normally meet the high threshold of showing that “compelling reasons” support secrecy. Id.

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(citing Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006)).

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However, where the material is, at most, “tangentially related to the merits of a case,” the request

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to seal may be granted on a showing of “good cause.” Id. at 1097-1101.

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Here, the material at issue is at most tangentially related to the merits of this case, as the

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documents plaintiff seeks to have filed under seal concern plaintiff’s request for the appointment

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of counsel. Moreover, the undersigned finds good cause to file the documents under seal as the

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documents concern plaintiff’s sensitive financial information. Accordingly, plaintiff’s request to

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file documents under seal will be granted.
However, with respect to plaintiff’s request for the appointment of counsel, plaintiff is

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informed that federal district courts lack authority to require counsel to represent indigent

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plaintiffs in civil cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). The

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court may request the voluntary assistance of counsel under the federal in forma pauperis statute,

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but only under exceptional circumstances. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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The test for exceptional circumstances requires the court to evaluate the plaintiff’s likelihood of

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success on the merits and the plaintiff’s ability to articulate his or her claims. See Wilborn v.

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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.

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1983).
Here, plaintiff’s application to proceed in forma pauperis was denied and plaintiff has paid

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the applicable filing fee. (ECF No. 3.) Moreover, at this stage of the proceedings, the

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undersigned finds that plaintiff’s likelihood of success on the merits and ability to articulate her

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claims does not satisfy the test for exceptional circumstances. Accordingly, plaintiff’s request for

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the appointment of counsel will be denied.

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Accordingly, for the reasons stated above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s July 20, 2017 request to file documents under seal (ECF No. 68) is granted;

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and
2. Plaintiff’s July 20, 2017 request for the appointment of counsel (ECF No. 68) is

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denied.

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Dated: August 11, 2017

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DLB:6
DB/orders/orders.pro se/bratset0035.seal.aoc.ord

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