Wilson v. Federal Bureau of Investigation

Filing 8

Opinion And Order. Mr. Wilson's Motion for Reconsideration(#5)is DENIED. Signed on 6/21/10 by Judge Michael W. Mosman. (cib)

IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRlCT OF OREGON PORTLAND DIVISION
FfLEW10 .JUN 23 i56iuSDC-flRP

GARY L. WILSON,

No. CV 10-571-MO Plaintiff, OPINION AND ORDER
v. FEDERAL BUREAU OF INVESTIGATION,

Defendant.

MOSMAN,J.,

Mr. Wilson brings a copyright claim against the Federal Bureau o f Investigation. He filed

a Motion for Appointment o f Pro Bono Counsel (#2), which I denied. He now seeks reconsideration o f my prior ruling. (See Mot. for Recons. (#5).) "In proceedings in forma pauperis, the district court 'may request an attorney to represent any person unable to afford counsel. A g y e m a n v. Corrections Corp., 390 F.3d 1101, 1103 (9th
til

Cir. 2004) (quoting ~8 U.S.C. § 1915(e)(1». A district court's decision to appoint counsel "is
within 'the sound discretion o f the trial court and is granted only in exceptional circumstances. III
ld. (quoting Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984». In my discretion, I denied

Mr. Wilson's request for counsel. (See Order (#4).) Mr. Wilson has not sought to proceed in

forma pauperis, and his Complaint (#1) does not present exceptional circumstances warranting appointment o f pro bono counsel.

PAGE 1 - OPINION AND ORDER

Reconsideration pursuant to Federal Rule o f Civil Procedure 59(e) is appropriate " i f (1) the district court is presented with newly discovered evidence, (2) the district court committed clear error or made an initial decision that was manifestly unjust, or (3) there is an intervening change in controlling law." Zimmerman v. City a/Oakland, 255 F.3d 734, 740 (9th Cir. 2001).
Mr. Wilson does not suggest that any o f these circumstances apply in this case, nor do I think

reconsideration pursuant to Rule 59(e) is justified. Therefore, Mr. Wilson's Motion for Reconsideration (#5) is DENIED. IT IS SO ORDERED. DATED this ~ day o f June, 2010.

L

MICHAELW.M United States District Judge

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PAGE 2 - OPINION AND ORDER