Burell v. Tierney et al

Filing 8

ORDER denying plaintiff's 5 Motion to Appoint Counsel. A COPY OF THIS ORDER HAS BEEN MAILED TO PLAINTIFF TODAY. Signed by Hon. Mary Alice Theiler.(GB)

01 02 03 04 05 06 07 08 09 WILLIE L. BURRELL, 10 11 12 13 14 15 Plaintiff submitted a Motion to Appoint Counsel. (Dkt. 5.) Upon the Court's request, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) T. TIERNEY, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C09-0922-JLR

ORDER DENYING MOTION TO APPOINT COUNSEL

16 plaintiff also submitted an amendment to his motion, containing additional detail as to the 17 nature of and any support for his claims. (Dkt. 7.) Now, having considered plaintiff's 18 motion, the Court finds and concludes as follows: 19 (1) Because plaintiff is a nonprisoner pursuing a civil rights action, the Court

20 considered referring his motion to the Screening Committee of this Court's Pro Bono Panel. 21 However, the Court does not find this matter appropriate for review by the Screening 22 Committee. See General Order Governing the Representation of Pro Se Litigants in Civil

ORDER RE: MOTION TO APPOINT COUNSEL PAGE -1

01 Rights Actions (W.D. Wash. June 30, 2006). 02 (2) Nor does the Court otherwise find appointment of counsel appropriate in this

03 case. There is no right to appointment of counsel in a civil case. Although the Court, under 04 28 U.S.C. § 1915(e)(1), may request counsel to represent a party proceeding in forma pauperis, 05 plaintiff has shown neither exceptional circumstances, nor an inability to articulate his claims 06 pro se warranting the appointment of counsel. See Wilborn v. Escalderon, 789 F.2d 1328, 07 1331 (9th Cir. 1986). Accordingly, plaintiff's application for appointment of counsel is 08 DENIED. 09 (3) The Clerk shall send a copy of this Order to the parties and to the Honorable

10 James L. Robart. 11 12 13 14 15 16 17 18 19 20 21 22 DATED this 29th day of September, 2009.

A

Mary Alice Theiler United States Magistrate Judge

ORDER RE: MOTION TO APPOINT COUNSEL PAGE -2