Mighell v. City of Edmonds et al

Filing 13

ORDER denying plaintiff's 12 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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MATHEW JAMES MIGHELL,

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Plaintiff,

ORDER DENYING MOTION TO
APPOINT COUNSEL

v.

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CASE NO. C14-0285-RSM-MAT

CITY OF EDMONDS, et al.,
Defendants.

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This is a civil rights action brought under 42 U.S.C. § 1983. Plaintiff submitted his civil

17 rights complaint to the Court for filing on February 27, 2014. (Dkt. 1.) On April 1, 2014,
18 plaintiff filed a Motion to Appoint Counsel. (Dkt. 12.) The Court, having reviewed plaintiff’s
19 motion, and the balance of the record, hereby finds and ORDERS as follows:
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(1)

Plaintiff’s motion to appoint counsel (Dkt. 12) is DENIED. There is no right to

21 have counsel appointed in cases brought under 42 U.S.C. § 1983. Although the Court, under 28
22 U.S.C. § 1915(e)(1), can request counsel to represent a party proceeding in forma pauperis, the
23 Court may do so only in exceptional circumstances. Wilborn v. Escalderon, 789 F.2d 1328,
24 1331 (9th Cir. 1986); Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984); Aldabe v.
ORDER DENYING MOTION TO APPOINT
COUNSEL - 1

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

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

The Clerk is directed to send a copy of this Order to plaintiff and to the Honorable

10 Ricardo S. Martinez.
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Dated this 3rd day of April, 2014.

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A

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Mary Alice Theiler
Chief United States Magistrate Judge

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ORDER DENYING MOTION TO APPOINT
COUNSEL - 2