Owens v. John Doe et al

Filing 15

ORDER denying Plaintiff's 6 and 8 Motions to Appoint Counsel without prejudice. Signed by Hon. Brian A Tsuchida.**2 PAGE(S), PRINT ALL**(Mychal Owens, Prisoner ID: 878377) (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MYCHAL OWENS,
Plaintiff,

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CASE NO. C17-1027 JCC-BAT
ORDER DENYING MOTION TO
APPOINT COUNSEL

v.
JOHN DOE, et. al.,
Defendant.

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Mychal Owens, proceeding pro se and in forma pauperis in this civil rights action filed

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two motions to appoint counsel. Dkt. 6; Dkt. 13. For the following reasons, the Court DENIES

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the motions without prejudice.

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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). The Court may appoint counsel for indigent civil litigants under

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28 U.S.C. § 1915(e)(1), but only under “exceptional circumstances.” Agyeman v. Corrections

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Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining whether “exceptional

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circumstances” exist, the Court considers “the likelihood of success on the merits as well as the

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ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues

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involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). At this early point, the

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complaint presents insufficient evidence indicating that there is a likelihood of success on the

ORDER DENYING MOTION TO APPOINT
COUNSEL - 1

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merits. Mr. Owens therefore has not presented exceptional circumstances that would justify the

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appointment of counsel at this time. Accordingly, the Court DENIES Mr. Owens’ motions to

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appoint counsel without prejudice. Dkt. 6; Dkt. 13. The Clerk shall send a copy of this Order to

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Mr. Owens.

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DATED this 8th day of September, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DENYING MOTION TO APPOINT
COUNSEL - 2