Bass v. Colvin

Filing 4

ORDER granting pltf's 1 Motion for Leave to Proceed in forma pauperis and sealing complaint and Notice to the Court; pltf's motion seeking court appointed counsel is denied. Pltf directed to file redacted complaint by Hon. James P. Donohue.(RS) cc Bass

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DONNIE LEE BASS,

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Plaintiff,
v.

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Case No. C13-2025-JPD
ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND SEALING
PROPOSED COMPLAINT

CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

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Plaintiff, proceeding pro se, has filed an application to proceed in forma pauperis

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(“IFP”), a proposed complaint, a “Notice to the Court and US Attorney General Regarding

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Social Security Appeal,” and a proposed application for court-appointed counsel in the above-

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entitled action. Dkts. 1-3. After careful consideration of plaintiff’s submissions, the governing

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law and the balance of the record, the Court ORDERS as follows:

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(1)

Plaintiff’s application to proceed IFP, Dkt. 1, is GRANTED. Plaintiff does not

appear to have funds available to afford the $400.00 filing fee.
(2)

Plaintiff’s proposed complaint and notice to the Court both contain personal

data identifiers that should have been redacted pursuant to LCR 5.2(a). Dkt. 1-1; Dkt. 2.

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ORDER
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Specifically, in the proposed complaint the name of plaintiff’s minor child should have been

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redacted to his initials pursuant to LCR 5.2(a)(2). Dkt. 1-1. In addition, in plaintiff’s “Notice

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to the Court and US Attorney General Regarding Social Security Appeal,” which was filed on

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the same date as plaintiff’s proposed complaint, plaintiff failed to redact her social security

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number in its entirety pursuant to LCR 5.2(a)(3). Dkt. 2. As a result, the Clerk is directed to

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SEAL plaintiff’s proposed complaint and the notice. Dkt. 1-1, Dkt. 2.

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Plaintiff is directed to file a complaint that includes all her claims for relief, and

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has been properly redacted in accordance with the local rules of the Western District of

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Washington within 30 days from the date of this Order. The plaintiff is advised that this

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case may be subject to dismissal if she does not respond to this Order.
(3)

In plaintiff’s motion seeking court-appointed counsel, plaintiff asserts that she

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has attempted to retain attorneys to represent her by making “at least 4 calls to 4 different

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attorney offices.” Dkt. 3 at 2. Her efforts to date, however, have been unsuccessful.

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Generally, a plaintiff in a civil case has no right to appointed counsel. See Hernandez

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v. Whiting, 881 F.2d 768, 770-71 (9th Cir. 1989). The decision to appoint counsel rests within

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“the sound discretion of the trial court and is granted only in exceptional circumstances.”

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Agyeman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). A finding of

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exceptional circumstances requires an evaluation of both the likelihood of success on the

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merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of

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the legal issues involved. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). These

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factors must be viewed together before reaching a decision on a request for counsel. Id.

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Here, the Court finds that plaintiff has failed to demonstrate that exceptional

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circumstances warrant the appointment of counsel at this time. To her credit, plaintiff has

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established her indigence by successfully obtaining IFP status, and represents in her motion

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that she has made efforts to retain an attorney. Dkt. 3 at 2. However, plaintiff has not

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indicated whether her efforts to retain an attorney willing to assist her in this civil action were

ORDER
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aimed at practitioners who focus on social security appeals, or how recently plaintiff has

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attempted to obtain representation. In addition, plaintiff does not provide compelling

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arguments or evidence indicating that this case is particularly likely to succeed on the merits,

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or that in light of the complexity of the legal issues involved, she is wholly unable to articulate

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her claims pro se.

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Accordingly, plaintiff’s motion for appointment of counsel, Dkt. 3, is DENIED.

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Plaintiff is advised that there are many attorneys willing to represent clients on a contingency

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fee basis in social security appeals, and this appeal involves important legal rights as to which

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an attorney may be very helpful to plaintiff. If plaintiff needs additional time to continue her

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efforts to retain counsel to represent her, she should promptly request such an extension.

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(4)

The Clerk is directed to send plaintiff a copy of this Order.

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DATED this 2nd day of December, 2013.

A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER
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