Moore v. Snohomish County et al

Filing 10

ORDER denying plaintiff's 9 Motion to Appoint Counsel. Signed by Hon. Brian A Tsuchida. (PM) cc: plaintiff via first class mail

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 RYAN P. MOORE, Plaintiff, 9 10 Case No. 18-570 RSM-BAT ORDER DENYING MOTION TO APPOINT COUNSEL v. 11 GIBSON, et al., 12 Defendants. 13 Plaintiff filed a pro se and in forma pauperis civil rights action. He now moves for 14 appointment of counsel. Dkt. 9. A person generally has no right to counsel in a civil action. See 15 Campbell v. Burt, 141 F.3d 927, 931 (9th Cir. 1998). The Court may appoint counsel for indigent 16 civil litigants under 28 U.S.C. § 1915(e)(1), but only under “exceptional circumstances.” 17 Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When determining 18 whether “exceptional circumstances” exist, the Court considers “the likelihood of success on the 19 merits as well as the ability of the [plaintiff] to articulate his claims pro se in light of the 20 complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 21 Plaintiff requests appointment of counsel on the grounds no lawyer that he has contacted 22 has been willing to represent him. This is not an extraordinary circumstance warranting the 23 appointment of counsel at this point and the Court accordingly DENIES the motion, Dkt. 9, ORDER DENYING MOTION TO APPOINT COUNSEL - 1 1 without prejudice. The Clerk shall provide a copy of this Order to plaintiff. 2 DATED this 6th day of June, 2018. 3 A 4 BRIAN A. TSUCHIDA United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING MOTION TO APPOINT COUNSEL - 2

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