Ahmed v. United Parcel Service
Filing
12
OPINION AND ORDER: Denying Motion for Appointment of Counsel with leave to renew at a later date 10 . Signed on 8/20/14 by Magistrate Judge Janice M. Stewart. (ST)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
BULE S. AHMED,
Plaintiff,
Case No. 3:14-cv-01231-ST
v.
OPINION AND ORDER
UNITED PARCEL SERVICE,
Defendant.
STEWART, Magistrate Judge:
Plaintiff, Bule S. Ahmed, was granted in forma pauperis status (docket #2) and now has
filed a Motion for Appointment of Pro Bono Counsel (docket #10). For the following reasons,
that motion is denied with leave to renew at a later time.
Generally, there is no constitutional right to counsel in a civil case. United States v.
$292,888.04, 54 F3d 564, 569 (9th Cir 1995) (“$292.888.04”). However, pursuant to the Prison
Litigation Reform Act, 28 USC ' 1915(e)(1), this court has discretion to request volunteer
counsel for indigent plaintiffs in exceptional circumstances. Id; Wood v. Housewright, 900 F2d
1332, 1335 (9th Cir 1990); Wilborn v. Escalderon, 789 F2d 1328, 1331 (9th Cir 1986). While this
court may request volunteer counsel in exceptional circumstances, it has no power to make a
1 – OPINION AND ORDER
mandatory appointment. Mallard v. U.S. Dist. Court of Iowa, 490 US 296, 301-08 (1989).
There are no funds available to pay the services of such volunteer counsel.
In order to determine whether exceptional circumstances exist, this court evaluates the
plaintiff=s likelihood of success on the merits and the ability of the pro se plaintiff to articulate
his or her claim in light of the complexity of the legal issues involved. $292,888.04, 54 F3d at
569; Wood, 900 F2d at 1335-36; Wilborn, 789 F2d at 1331. However, “[n]either of these factors
is dispositive and both must be viewed together before reaching a decision on request of counsel
under section 1915(d).” Wilborn, 789 F2d at 1331; Terrell v. Brewer, 935 F2d 1015, 1017 (9th
Cir 1991).
Plaintiff has filed a form Complaint for Employment Discrimination alleging that he was
discriminated against and harassed by his former employer from November 12, 2012, to July 9,
2013, based on his national origin and religion in violation of Title VII of the Civil Rights Act of
1964, 42 USC § 2000e, and Oregon law, ORS 659A.030. He has filed a Notice of Right to Sue
letter (docket #11) from the Oregon Bureau of Labor and Industries dated May 2, 2014, making
his Complaint timely filed. His claims are sufficiently alleged for this court and defendant to
comprehend and address his legal theories.
In support of his motion, plaintiff states that he has sought legal counsel but “was unable
to afford travel costs, consultation fees, and continued [sic] lawyer search.” If plaintiff prevails
on his claim either under federal or state law, the governing statutes allow him to recover his
attorney fees. Given that incentive, plaintiff should be able to find an attorney to represent him
on a contingency fee basis which does not require them to pay attorney fees. Plaintiff is urged to
contact the Lawyer Referral Services listed on the last page of the Guide for Self-Represented
Parties found on the court’s website under “Representing Yourself in Court.”
2 – OPINION AND ORDER
If circumstances change after defendant has filed its appearance, then the court may
reconsider whether to appoint pro bono counsel for plaintiff upon a more detailed showing of
efforts made by him to obtain legal counsel. However, at this stage of the proceedings, there are
no exceptional circumstances warranting the plaintiff’s effort to obtain volunteer counsel.
Therefore, plaintiffs’ Motion for Appointment of Pro Bono Counsel (docket #10) is DENIED.
DATED August 20, 2014.
s/ Janice M. Stewart
Janice M. Stewart
United States Magistrate Judge
3 – OPINION AND ORDER
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