Holmes-James v. King County Court et al

Filing 9

ORDER denying without prejudice Plaintiff's 7 Motion to Appoint Counsel, by Hon. Brian A Tsuchida. (SWT) (cc: Plaintiff via USPS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 GENEVA HOLMES-JAMES, Plaintiff, 9 10 11 v. KING COUNTY COURT, et al., ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL Defendants. 12 13 CASE NO. C17-321-RSL Geneva Holmes-James, proceeding pro se and in forma pauperis, has filed a motion for 14 appointment of counsel. Dkt. 7. The motion has been referred to the undersigned United States 15 Magistrate Judge. Dkt. 8. 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 her 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, Ms. Holmes-James’ complaint presents insufficient evidence ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL - 1 1 indicating that there is a likelihood of success on the merits. She has therefore not presented 2 exceptional circumstances that would justify the appointment of counsel at this time. 3 Accordingly, Ms. Holmes-James’ motion to appoint counsel is DENIED with without 4 prejudice. She may renew her application in the future if exceptional circumstances arise. Any 5 renewal should include a complete application for court-appointed counsel. 6 7 The Clerk is directed to send copies of this Order to plaintiff and to the Honorable Robert S. Lasnik. 8 9 DATED this 24th day of March, 2017. 10 A 11 BRIAN A. TSUCHIDA United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL - 2

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