Bennett v. Hicks et al

Filing 26

ORDER DENYING 18 MOTION TO RECONSIDER APPOINTMENT OF COUNSEL. Signed by Judge Salvador Mendoza, Jr. (MRJ, Case Administrator)**2 PAGE(S), PRINT ALL**(Kris Bennett, Prisoner ID: 397720)

Case 2:21-cv-00154-SMJ

ECF No. 26

filed 11/18/21

PageID.120 Page 1 of 2
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Nov 18, 2021

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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KRIS K. BENNETT,

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No. 2:21-cv-00154-SMJ
Plaintiff,

v.

ORDER DENYING MOTION TO
RECONSIDER APPOINTMENT
OF COUNSEL

WASHINGTON STATE
DEPARTMENT OF CORRECTIONS,
CHRIS HICKS, BRITTANY PEREZ
and WYATT HULL,
Defendants.

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On May 5, 2021, Plaintiff Kris K. Bennett, currently a prisoner at Stafford

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Creek Corrections Center (“SCCC”) in the Western District of Washington, filed a

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pro se civil rights complaint under 42 U.S.C. § 1983. ECF No. On June 3, 2021

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Court entered an order denying Plaintiff’s request for appointment of counsel, ECF

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No. 8. On October1, 2021, Plaintiff filled a letter, ECF No. 18, which the Court

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construes as a motion to reconsider denial of appointment of counsel. Having

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considered the motion, the Court is fully informed and denies the motion.

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As the Court has previously informed the Plaintiff in its order, ECF NO. 8,

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this Court has discretion to designate counsel pursuant to 28 U.S.C. §1915(e)(1)

ORDER DENYING MOTION TO RECONSDIER APPOINTMENT OF
COUNSEL – 1

Case 2:21-cv-00154-SMJ

ECF No. 26

filed 11/18/21

PageID.121 Page 2 of 2

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

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2009). Again, at this time, the record does not reflect exceptional circumstances

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warranting the appointment of counsel to assist Plaintiff.

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Accordingly, IT IS HEREBY ORDERED:

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Plaintiff’s Motion for Reconsideration of Appointment of Counsel, ECF No.

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18, is DENIED.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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forward a copy to Plaintiff.
DATED this 18th day of November 2021.
_____________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DENYING MOTION TO RECONSDIER APPOINTMENT OF
COUNSEL – 2