Mayes v. Amazon et al

Filing 39

ORDER denying Plaintiff's 36 Motion to Appoint Counsel signed by Judge Marsha J. Pechman. (TH) (cc: Plaintiff via first class mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 MARK MAYES,

Plaintiff,

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v.

11 AMAZON.COM.DEDC, LLC, et al.,
Defendants.

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Case No. C18-176-MJP
ORDER DENYING MOTION
FOR APPOINTMENT OF
COUNSEL

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Pro se plaintiff Mark Mayes, proceeding in forma pauperis, moves for appointed counsel in

15 this civil action against his former employer. (Dkt. 36.) The Court DENIES plaintiff’s motion
16 for appointment of counsel.
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Generally, a person has no right to counsel in civil actions. See Campbell v. Burt, 141 F.3d

18 927, 931 (9th Cir. 1998). A court has discretion to appoint counsel for indigent civil litigants
19 pursuant to 28 U.S.C. § 1915(e)(1), but an appointment of counsel should only be granted under
20 “exceptional circumstances.” Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th
21 Cir. 2004). When determining whether “exceptional circumstances” exist, the Court considers
22 “the likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his
23 claims pro se in light of the complexity of the legal issues involved.” Weygandt v. Look, 718
ORDER DENYING MOTION FOR APPOINTMENT OF
COUNSEL- 1

1 F.2d 952, 954 (9th Cir. 1983).
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Plaintiff was previously appointed counsel. (Dkt. No. 14.) After four months of representing

3 Plaintiff, appointed counsel withdrew. (Dkt. No. 31.) The Court is not inclined to expend
4 further time and effort, and utilize the limited resources generously offered by the Pro Bono
5 Panel of attorneys, on a second appointed counsel for Plaintiff.
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The Court advances no opinion on Plaintiff’s likelihood of success on the merits, but does

7 find, overall, that this matter does not present the kind of exceptional circumstances that would
8 justify the (second) appointment of counsel in this matter. Plaintiff will proceed pro se unless he
9 can retain counsel.
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DATED this 4th day of October, 2018.

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A
The Honorable Marsha J. Pechman
United States Senior District Court Judge

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ORDER DENYING MOTION FOR APPOINTMENT OF
COUNSEL- 2