Jama v. Chase Erin and Manager et al

Filing 14

ORDER denying plaintiff's 11 Motion to Appoint Counsel by Hon. Brian A Tsuchida.(RS) cc plaintiff

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 MAHAMED A JAMA, Plaintiff, 9 10 11 v. CHASE ERIN AND MANAGER, CASE NO. C16-1785-RSL ORDER DENYING MOTION TO APPOINT COUNSEL WITHOUT PREJUDICE Defendant. 12 13 Mahamed A Jama, proceeding pro se and in forma pauperis, has filed a motion for 14 appointment of counsel. Dkt. 11. The motion has been referred to the undersigned United States 15 Magistrate Judge. Dkt. 12. For the following reasons, the Court DENIES the motion without 16 prejudice. 17 There is no right to have counsel appointed in civil cases. The Court may appoint 18 counsel for indigent civil litigants under 28 U.S.C. § 1915(e)(1), but should do so only under 19 “exceptional circumstances.” Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th 20 Cir. 2004). A finding of exceptional circumstances requires an evaluation of both the likelihood 21 of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of 22 the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 23 1983). At this early point, Mr. Jama’s complaint presents insufficient evidence indicating that ORDER DENYING MOTION TO APPOINT COUNSEL WITHOUT PREJUDICE - 1 1 there is a likelihood of success on the merits. Additionally, Mr. Jama’s motion suggests he has 2 made no effort to retain counsel beyond his application before the Court. Dkt. 11. Mr. Jama has 3 therefore not presented exceptional circumstances that would justify the appointment of counsel 4 at this time. Accordingly, Mr. Jama’s motion to appoint counsel is DENIED without prejudice. 5 Mr. Jama may renew his application in the future if exceptional circumstances arise. Any 6 renewal should include a complete application for court-appointed counsel. 7 8 The Clerk is directed to send copies of this Order to plaintiff and to the Honorable Robert S. Lasnik. 9 10 DATED this 23rd day of February, 2017. 11 A 12 BRIAN A. TSUCHIDA United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING MOTION TO APPOINT COUNSEL WITHOUT PREJUDICE - 2

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