Moore v. King County Jail

Filing 13

ORDER denying 6 Motion to Appoint Counsel by Hon. Brian A Tsuchida. (cc: plaintiff)(ST)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 DAVID A. MOORE, Plaintiff, 9 10 11 12 CASE NO. C17-347 JCC-BAT ORDER DENYING MOTION TO APPOINT COUNSEL v. KING COUNTY JAIL, et al., Defendant. 13 14 15 16 Defendant filed a pro se § 1983 complaint and moves the Court to appoint counsel. Dkt. 6. For reasons below, the Court DENIES the motion. A person generally has no right to counsel in a civil action. See Campbell v. Burt, 141 17 F.3d 927, 931 (9th Cir. 1998). The Court may appoint counsel for indigent civil litigants under 18 28 U.S.C. § 1915(e)(1), but only under “exceptional circumstances.” Agyeman v. Corrections 19 Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining whether “exceptional 20 circumstances” exist, the Court considers “the likelihood of success on the merits as well as the 21 ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues 22 involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 23 ORDER DENYING MOTION TO APPOINT COUNSEL - 1 1 Based on these factors, appointment of counsel is not justified at this point. The 2 complaint filed is deficient and must be cured to survive dismissal. Additionally, plaintiff has 3 shown via the pleadings he has submitted that he can articulate his claims pro se in light of the 4 complexity of the legal issues involved. The Court accordingly DENIES the motion. Dkt. 6. 5 The Clerk is directed to send a copy of this Order to plaintiff. 6 DATED this 17th day of April, 2017. 7 8 9 A BRIAN A. TSUCHIDA United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING MOTION TO APPOINT COUNSEL - 2

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