Lake-Seibert v. Brennan

Filing 8

ORDER denying 6 MOTION to Appoint Counsel, by Judge Richard A. Jones. (VE)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KIMBERLY S. LAKE-SEIBERT,

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Plaintiff,
CASE NO. C15-925RAJ
v.
ORDER
MEGAN J. BRENNAN, in her capacity as
Postmaster General of the United States,
Defendant.

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This matter comes before the court on Plaintiff’s motion for the appointment of
counsel. Dkt. # 6. For the reasons stated below, the court DENIES the motion.
There is no right to appointed counsel in civil cases. In civil cases involving
litigants proceeding in forma pauperis, the court has discretion to appoint counsel, but
only in exceptional circumstances. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009);
28 U.S.C. § 1915(e). The court must consider the likelihood that the litigant will succeed
on the merits as well as the litigant’s ability to articulate his claims in light of their
complexity. Palmer, 560 F.3d at 970.
In this case, Plaintiff seeks to pursue federal employment discrimination claims
against her former employer, the United States Postal Service. She has already brought
those claims before the Equal Opportunity Employment Commission, which issued a
written decision on May 13, 2015. That decision found that Plaintiff had not timely
pursued her administrative remedies, and thus could not obtain relief. Neither Plaintiff’s

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ORDER – 1

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complaint nor her motion for appointment of counsel addresses her failure to timely

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exhaust her administrative remedies, and the court has no basis to conclude she is likely

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to overcome that obstacle to pursuing relief.

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The court advises Plaintiff that as a pro se litigant, she is responsible for pursuing

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her claims, including meeting court deadlines and complying with the court’s local rules.

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She will find resources for pro se parties, including the court’s local rules, at the court’s

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website, at www.wawd.uscourts.gov.

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DATED this 14th day of July, 2015.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2