Perryman et al v. City of Seattle Police et al

Filing 105

ORDER re plaintiff's 101 MOTION to Appoint Counsel; directing plaintiff to complete the attached Financial Affidavit and file it within fourteen (14) days of the date of this Order, by Judge Robert S. Lasnik. (SWT) (cc: Plaintiff via USPS)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 9 10 11 12 _________________________________ ) ) ) Plaintiff, ) v. ) ) RHINO ROOM, et al., ) ) Defendants. ) _________________________________ ) SEAN PERRYMAN, 13 14 15 16 17 Case No. C17-0274RSL ORDER REGARDING MOTION TO APPOINT COUNSEL This matter comes before the Court on plaintiff’s “Application for Court-Appointed Counsel.” Dkt. # 101.1 Unlike indigent defendants in criminal cases, civil litigants have no constitutional right to counsel at the expense of another. Although the judiciary will sometimes request that members of the bar assist plaintiffs under the authority of 28 U.S.C. § 1915(e)(1), it 18 does so only in exceptional circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 19 2009). When determining whether to appoint counsel, the courts of the Ninth Circuit generally 20 consider whether plaintiff is indigent, the likelihood of success on the merits, and plaintiff’s 21 ability “to articulate his claims pro se in light of the complexity of the legal issues involved.” 22 Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 23 24 25 26 1 Plaintiff also filed a “Motion to Stay to Obtain Court Appointed Legal Counsel for Pro Se Litigants” (Dkt. # 103) in which he seeks a stay of this litigation until his request for counsel is resolved. Scheduling depositions has been difficult in this case, however, and counsel for defendant Rhino Room will not be available for proceedings in this litigation from February 1 to March 1, 2018. The Court will not grant the requested relief before giving defendants an opportunity to respond. The motion for stay is therefore noted for consideration on the Court’s calendar for January 26, 2018. ORDER 1 The Court finds that the second and third factors support the appointment of counsel to 2 represent Mr. Perryman. His pro se status is clearly impairing his ability to identify applicable 3 legal theories, to focus his discovery and argument on the elements of potentially viable causes 4 of action, and to pursue some of the forms of relief he seeks. Plaintiff has not, however, provided 5 6 7 information regarding his financial circumstances. If plaintiff is able to afford an attorney, he would not be entitled to counsel at the expense of another.2 Plaintiff shall, therefore, complete under penalty of perjury the attached Financial Affidavit and filed it within fourteen days of the 8 date of this Order. 9 10 Dated this 10th day of January, 2018. 11 A 12 Robert S. Lasnik United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 Plaintiffs were granted leave to appeal in forma pauperis in July 2017, but the application was filed by the Reverend Wayne Perryman and contained very little information regarding plaintiff’s financial condition (then or now). ORDER -2- FINANCIAL AFFIDAVIT 1 2 3 I, Sean Perryman, declare that I am the plaintiff in this case and that I am unable to afford an attorney. In support of my request for appointment of counsel, I answer all of the following 4 5 questions as follows: 6 7 8 1. Are you presently employed? G Yes Total amount of net monthly salary (take home pay) $__________ 9 Name and address of employer _________________________________________ 10 11 G No Date of last employment ________Total amount of last net monthly salary $__________ 12 13 2. If married, is your spouse presently employed? G Not married 14 15 G Yes Total amount of spouse’s net monthly salary (take home pay) $__________ Name and address of employer _________________________________________ 16 17 G No Date of spouse’s last employment ______Total amount of last net monthly salary $______ 18 19 20 3. For the past twelve months, list the amount of money you and/or your spouse have received from any of the following sources: 21 a. Business, profession, or other self-employment $____________ 22 b. Income from rent, interest, or dividends $____________ 23 c. Pensions, annuities, or life insurance payments $____________ 24 d. Disability, unemployment, workers compensation, or public assistance $____________ e. Gifts or inheritance $____________ f. Money received from child support or alimony $____________ 25 26 g. Describe any other source of income_____________________________ $____________ 1 2 4. List the amount for each of the following for you and/or your spouse: 3 Cash on hand $__________ Checking Account $__________ Savings Account $_________ 4 5 6 7 8 5. Do you and/or your spouse own or have any interest in any real estate, stocks, bonds, notes, retirement plans, automobiles, or other valuable property (valued at over $500 excluding ordinary household furnishings and clothing)? If Yes, describe the property and state its approximate value: G Yes $____________ 9 10 11 12 G No 13 14 6. Are any persons dependent upon you or your spouse for support? If Yes, state their relationship 15 to you or your spouse, and indicate how much is contributed toward their support each month. (Do 16 not include names of minor children.) 17 G Yes 18 19 20 21 22 23 24 25 26 G No $____________ 1 7. Describe the types of monthly expenses you incur, such as housing, transportation, utilities, loan 2 payments, or other regular monthly expenses and the amount spent each month. 3 $____________ 4 5 6 7 8 8. Provide any other information that will help explain why you cannot afford to hire an attorney. 9 10 11 12 13 14 15 I declare under penalty of perjury that the foregoing is true and correct. 16 17 18 ____________________ _____________________________________ 19 Date Signature of Sean Perryman 20 21 22 23 24 25 26

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