Roberts v. Khounphixay et al

Filing 62

ORDER denying Plaintiff's 55 Motion for assistance and for counsel. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL** (Joe Roberts, Prisoner ID: 394089)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOE J.W. ROBERTS, JR.,
Plaintiff,

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v.
VILMA KHOUNPHIXAY, et al.,

CASE NO. 2:18-cv-00746-MJP-BAT
ORDER DENYING MOTION FOR
ASSISTANCE AND REQUEST FOR
COUNSEL

Defendants.
Before the Court is Plaintiff Joe J.W. Roberts, Jr.’s “Motion/Request for Assistance from

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Court re: Lack of Resources to Draft Motions and Responses.” Dkt. 55. Plaintiff seeks

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“intervention from the court” because he does not have enough paper to file motions or to

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respond to defendants’ motions and he asks for court appointed counsel. Id., p. 3.

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The Court previously denied Plaintiff’s motion for court appointed counsel. Dkt. 31.

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Plaintiff has again failed to demonstrate the existence of exceptional circumstances to support his

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request for counsel. Plaintiff is capable of articulating his claims pro se, his claims are not

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complex, and he has not demonstrated a likelihood of success on the merits. See, e.g., Wilborn v.

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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Franklin v. Murphy, 745 F.2d 1221, 1236 (9th

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Cir. 1984); see 28 U.S.C. § 1915(e)(1). Although Plaintiff claims he is not given enough paper at

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the Franklin County Jail, he continues to file numerous motions and he filed 80 pages of

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materials with objections on November 8, 2018 (Dkt. 53-1) and a 29 page Amended Complaint
ORDER DENYING MOTION FOR
ASSISTANCE AND REQUEST FOR
COUNSEL - 1

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with 24 pages of exhibits on November 5, 2018 (Dkt. 52).

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Accordingly, it is ORDERED:

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(1)

Plaintiff’s motion for assistance and for counsel (Dkt. 55) is DENIED.

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(2)

The Clerk shall also send a copy of this Order to Plaintiff and counsel for

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Defendants.
DATED this 3rd day of December, 2018.

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A

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BRIAN A. TSUCHIDA
Chief United States Magistrate Judge

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ORDER DENYING MOTION FOR
ASSISTANCE AND REQUEST FOR
COUNSEL - 2