Brown v. Jewell et al

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/16 ORDERING that plaintiff's request for the appointment of counsel 8 is denied. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARILEE BROWN,

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No. 2:16-cv-0637 MCE CKD PS

Plaintiff,
v.

ORDER

SALLY JEWELL, et al.,
Defendants.

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Plaintiff brings this action challenging her termination from employment with the federal

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government. Plaintiff has requested appointment of counsel. Although plaintiff does not cite a

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specific statute in support of her request for counsel, it appears plaintiff is requesting appointment

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of counsel pursuant to 42 U.S.C. § 2000e-5(f)(1)(B).

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Any successful application for appointment of counsel must comply with criteria set forth

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in Bradshaw v. Zoological Society of San Diego, 662 F.2d 1301 (9th Cir. 1981). Before

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appointing counsel to plaintiff, the court must consider (1) plaintiff’s financial resources, (2) the

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efforts already made by plaintiff to secure counsel, and (3) plaintiff’s likelihood of success on the

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merits. Id. at 1318. Appointment of counsel is not a matter of right. See Ivey v. Board of

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Regents, 673 F. 2d 266 (9th Cir. 1982).

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As discussed in the order directing plaintiff to pay the filing fee, plaintiff’s financial

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resources do not weigh in favor of appointment of counsel. Plaintiff indicates she has paid
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counsel in other matters but does not describe her efforts to secure counsel in the present action.

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After reviewing the amended complaint, the court has determined appointment of counsel is not

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warranted in this matter.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of

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counsel (ECF No. 8) is denied.

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Dated: April 14, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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