Downey v. Andrews M.D. et al

Filing 7

ORDER DENYING WITHOUT PREJUDICE MOTION TO APPOINT COUNSEL by Hon. James P. Donohue. (cc: plaintiff)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DYLAN JAMES DOWNEY,
Plaintiff,

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v.
STUART ANDREWS M.D., et al.,

Case No. C17-968-JCC-JPD
ORDER DENYING WITHOUT
PREJUDICE MOTION TO APPOINT
COUNSEL

Defendants.

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This is a 42 U.S.C. § 1983 prisoner civil rights action. The Court granted plaintiff’s

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motion to proceed in forma pauperis and directed that his complaint be served on defendants.

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Currently before the Court is plaintiff’s motion for appointment of counsel. Dkt. 1-5.

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Generally, a person has no right to counsel in a civil action. See Campbell v. Burt, 141

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F.3d 927, 931 (9th Cir. 1998). In certain “exceptional circumstances,” the Court may request the

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voluntary assistance of counsel for indigent civil litigants under 28 U.S.C. § 1915(e)(1).

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Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining

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whether “exceptional circumstances” exist, the Court considers “the likelihood of success on the

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merits as well as the ability of the [plaintiff] to articulate his claims pro se in light of the

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complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).
ORDER DENYING WITHOUT
PREJUDICE MOTION TO APPOINT
COUNSEL - 1

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Based on the allegations in plaintiff’s complaint, this case does not appear to involve

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complex facts or law. Plaintiff appears able to articulate his claims pro se in light of the

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complexity of the legal issues involved, as evidenced by the fact that the Court deemed his

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complaint serviceable. In addition, at this early stage in the proceedings, plaintiff has not shown

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that he is likely to prevail on the merits of his claim. Accordingly, the Court cannot make a

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finding that exceptional circumstances exist. Plaintiff’s motion to appoint counsel is DENIED

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without prejudice to refiling after the case is more developed.

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The Clerk is directed to send copies of this order to the parties and to the Honorable John
C. Coughenour.
Dated this 11th day of July, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER DENYING WITHOUT
PREJUDICE MOTION TO APPOINT
COUNSEL - 2