Herbert v. Lovell et al

Filing 19

ORDER denying plaintiff's 18 Motion to Appoint Counsel. A COPY OF THIS ORDER HAS BEEN MAILED TO PLAINTIFF TODAY. Signed by Hon. Mary Alice Theiler.(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 ANTHONY G. HERBERT,
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Plaintiff,
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v.
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WALTER LOVELL, et al.,
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Defendants.
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____________________________________ )

CASE NO. C13-0044-TSZ-MAT

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

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This matter comes before the Court on plaintiff’s request for appointment of counsel.

15 The Court, having reviewed plaintiff’s request and the balance of the record, does hereby find
16 and ORDER as follows:
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(1)

Plaintiff’s request for appointment of counsel (Dkt. 18) is DENIED. There is

18 no right to have counsel appointed in cases brought under 42 U.S.C. § 1983. Although the
19 Court, under 28 U.S.C. § 1915(e)(1), can request counsel to represent a party proceeding in
20 forma pauperis, the Court may do so only in exceptional circumstances.

Wilborn v.

21 Excalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Franklin v. Murphy, 745 F.2d 1221, 1236
22 (9th Cir. 1984); Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980). A finding of exceptional
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
PAGE -1

01 circumstances requres an evaluation of both the likelihood of success on the merits and the
02 ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues
03 involved. Wilborn, 789 F.2d at 1331.
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Plaintiff has neither demonstrated a likelihood of success on the merits nor shown that,

05 in light of the complexity of the legal issues involved, he is unable to articulate his claims pro
06 se. Thus, plaintiff has not demonstrated that this case involves exceptional circumstances
07 which warrant appointment of counsel at the present time.
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(2)

The Clerk shall direct copies of this Order to plaintiff and to the Honorable

09 Thomas S. Zilly.
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DATED this 15th day of April, 2013.

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A

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Mary Alice Theiler
Chief United States Magistrate Judge

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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