Thatcher v. Bank of America, N.A. et al

Filing 6

ORDER denying 2 Motion for Appointment of Counsel. Signed by Magistrate Judge Nancy J. Koppe on 1/17/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BOBBI THATCHER,
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Plaintiff(s),
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v.
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BANK OF AMERICA, N.A., et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:18-cv-00085-JAD-NJK
ORDER
(Docket No. 2)

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Pending before the Court is a motion for appointment of counsel. Docket No. 2. A litigant does

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not have a constitutional right to appointed counsel in 42 U.S.C. § 1983 civil rights claims. Storseth v.

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Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). The court will appoint counsel for indigent civil litigants

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only in “exceptional circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). “When

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determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on

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the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of

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the legal issues involved.” Id. “Neither of these considerations is dispositive and instead must be viewed

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together.” Id. In the instant case, the Court does not find exceptional circumstances that warrant the

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appointment of counsel, and Plaintiff’s motion for appointment counsel is therefore DENIED.

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IT IS SO ORDERED.

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Dated: January 17, 2018

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________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE