Silbaugh v. The Department of Homeland Security et al

Filing 10

ORDER denying Plaintiff's 6 Motion to Appoint Counsel signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ALISHA R SILBAUGH,
Case No. C18-569RSM

Plaintiffs,
v.
DEPARTMENT OF HOMELAND
SECURITY, et al.,

ORDER DENYING MOTION TO
APPOINT COUNSEL

Defendants.

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This matter comes before the Court on Plaintiff Alisha R. Silbaugh’s Motion to Appoint
Counsel, Dkt. #6. No Defendant has appeared in this matter.
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

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

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ORDER DENYING MOTION TO APPOINT COUNSEL - 1

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civil litigants. 28 U.S.C. § 1915(e)(1); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997),
overruled on other grounds, 154 F.3d 952 (9th Cir. 1998).
Ms. Silbaugh has failed to set forth exceptional circumstances warranting the appointment
of counsel in this case.

She has demonstrated sufficient ability to articulate her claims.

Furthermore, the Court is aware that Ms. Silbaugh has counsel in a civil case with at least some
apparent connection to the instant case, Case No. 17-cv-01759, currently proceeding in this Court.
Given all of the above, this Motion will be denied.
Having considered Plaintiff’s Motion and the remainder of the record, this Motion is
DENIED.
DATED this 30 day of April 2018.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER DENYING MOTION TO APPOINT COUNSEL - 2