Harris v. Harig et al

Filing 7

ORDER denying plaintiff's 4 Motion to Appoint Counsel signed by Judge Ricardo S Martinez.(RS) cc plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CURTIS RAY HARRIS,
Plaintiff,

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CASE NO. C17-0813-RSM

v.
ORDER DENYING PLAINTIFF’S
MOTION TO APPOINT COUNSEL

DON HARIG, et al.,
Defendants.

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This matter comes before the Court on Plaintiff’s “Application for Court-Appointed

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Counsel.” Dkt. #4. Plaintiff’s Motion is a form motion indicating that this Plaintiff has not been

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granted in forma pauperis status. Id. at 1. Although the form suggests it, Plaintiff does not submit

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a financial affidavit or otherwise explain his financial need for court-appointed counsel. Under

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“previous efforts to retain an attorney,” Plaintiff states only “[f]ixed income (social security) can’t

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afford the cost of a lawyer.” Id. at 2. Plaintiff does not attach a statement indicating why his

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claims have merit, although this is suggested by the form. Id. Plaintiff has essentially failed to

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provide any information with this form except the above sentence.

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In civil cases, the appointment of counsel to a pro se litigant “is a privilege and not a

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right.” United States ex. Rel. Gardner v. Madden, 352 F.2d 792, 793 (9th Cir. 1965) (citation

ORDER DENYING PLAINTIFF’S MOTION TO
APPOINT COUNSEL - 1

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omitted). “Appointment of counsel should be allowed only in exceptional cases.” Id. (citing

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Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963)). A court must consider together “both the

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likelihood of success on the merits and the ability of the petitioner to articulate his claims pro se

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in light of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954

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(9th Cir. 1983). In “exceptional circumstances,” a district court may appoint counsel for indigent

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civil litigants. 28 U.S.C. § 1915(e)(1); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997),

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overruled on other grounds, 154 F.3d 952 (9th Cir. 1998).

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Plaintiff has not presented enough information as to his financial status. Although

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Plaintiff has stated that he has a fixed income, he has not stated what that income is or his total

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assets, and in any event he has been able to afford the filing fee in this case. See Dkt. #5 at 1.

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Plaintiff has also failed to argue why his case has a likelihood of success on the merits.

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Accordingly, the Court finds that Plaintiff has not demonstrated the “exceptional circumstances”

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necessary to appoint counsel and will deny Plaintiff’s Motion. Nothing in this Order prohibits

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Plaintiff from refiling his Motion with the above missing information.

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Having reviewed the relevant briefing, the declarations and exhibits attached thereto, and

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the remainder of the record, the Court hereby finds and ORDERS that Plaintiff’s Motion to

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Appoint Counsel, Dkt. #4, is DENIED.

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DATED this 27 day of June 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER DENYING PLAINTIFF’S MOTION TO
APPOINT COUNSEL - 2