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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GENEVA HOLMES-JAMES,
Plaintiff,

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v.
KING COUNTY COURT, et al.,

ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
COUNSEL

Defendants.

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CASE NO. C17-321-RSL

Geneva Holmes-James, proceeding pro se and in forma pauperis, has filed a motion for

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appointment of counsel. Dkt. 7. The motion has been referred to the undersigned United States

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Magistrate Judge. Dkt. 8. 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 her 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, Ms. Holmes-James’ complaint presents insufficient evidence

ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL - 1

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indicating that there is a likelihood of success on the merits. She has therefore not presented

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exceptional circumstances that would justify the appointment of counsel at this time.

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Accordingly, Ms. Holmes-James’ motion to appoint counsel is DENIED with without

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prejudice. She may renew her 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 24th day of March, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL - 2