Moore v. Dumas et al

Filing 13

ORDER re 5 Proposed Document(s). 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 10 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) ) SEAN DUMAS, et al., ) ) Defendants. ) ____________________________________ ) ADAM MICHAEL MOORE, CASE NO. C10-0512-RSM-MAT ORDER DENYING APPLICATION FOR COURT APPOINTED COUNSEL UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

This matter comes before the Court on plaintiff's application for court appointed

16 counsel. The Court, having reviewed plaintiff's application, and the balance of the record, 17 does hereby find and ORDER as follows: 18 (l) Plaintiff's application for court appointed counsel (Dkt. No. 5) is DENIED.

19 There is no right to have counsel appointed in cases brought under 42 U.S.C. § 1983. 20 Although the Court, under 28 U.S.C. § 1915(e)(1), can request counsel to represent a party 21 proceeding in forma pauperis, the Court may do so only in exceptional circumstances. 22 Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Franklin v. Murphy, 745 F.2d ORDER DENYING APPLICATION FOR COURT APPOINTED COUNSEL PAGE -1

01 1221, 1236 (9th Cir. 1984); Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980). A finding of 02 exceptional circumstances requires an evaluation of both the likelihood of success on the merits 03 and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the 04 legal issues involved. Wilborn, 789 F.2d at 1331. 05 Plaintiff has neither demonstrated a likelihood of success on the merits nor shown that,

06 in light of the complexity of the legal issues involved, he is unable to articulate his claims pro se. 07 Thus, plaintiff has not demonstrated that this case involves exceptional circumstances which 08 warrant appointment of counsel at the present time. 09 (2) The Clerk shall direct copies of this Order to plaintiff and to the Honorable

10 Ricardo S. Martinez. 11 12 13 14 15 16 17 18 19 20 21 22 ORDER DENYING APPLICATION FOR COURT APPOINTED COUNSEL PAGE -2 DATED this 13th day of July, 2010.

A

Mary Alice Theiler United States Magistrate Judge