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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MAHAMED A JAMA,
Plaintiff,

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v.
CHASE ERIN AND MANAGER,

CASE NO. C16-1785-RSL
ORDER DENYING MOTION TO
APPOINT COUNSEL WITHOUT
PREJUDICE

Defendant.

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Mahamed A Jama, proceeding pro se and in forma pauperis, has filed a motion for

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appointment of counsel. Dkt. 11. The motion has been referred to the undersigned United States

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Magistrate Judge. Dkt. 12. For the following reasons, the Court DENIES the motion without

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prejudice.

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There is no right to have counsel appointed in civil cases. The Court may appoint

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counsel for indigent civil litigants under 28 U.S.C. § 1915(e)(1), but should do so only under

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“exceptional circumstances.” Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th

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Cir. 2004). A finding of exceptional circumstances requires an evaluation of both the likelihood

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

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the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.

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1983). At this early point, Mr. Jama’s complaint presents insufficient evidence indicating that

ORDER DENYING MOTION TO APPOINT
COUNSEL WITHOUT PREJUDICE - 1

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there is a likelihood of success on the merits. Additionally, Mr. Jama’s motion suggests he has

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made no effort to retain counsel beyond his application before the Court. Dkt. 11. Mr. Jama has

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therefore not presented exceptional circumstances that would justify the appointment of counsel

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at this time. Accordingly, Mr. Jama’s motion to appoint counsel is DENIED without prejudice.

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Mr. Jama may renew his application in the future if exceptional circumstances arise. Any

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renewal should include a complete application for court-appointed counsel.

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The Clerk is directed to send copies of this Order to plaintiff and to the Honorable Robert
S. Lasnik.

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DATED this 23rd day of February, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DENYING MOTION TO APPOINT
COUNSEL WITHOUT PREJUDICE - 2