Johnson v. Department of Corrections et al

Filing 22

ORDER denying 18 Motion to Appoint Counsel by Judge J. Kelley Arnold.(CMG; copy mailed to Plaintiff)

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ORDER Page - 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA BOBBY JOE JOHNSON, JR., Case No. C08-5426BHS Plaintiff, ORDER DENYING MOTION TO v. APPOINT COUNSEL DAN PACHOLKE, et al., Defendants.

The Court, having reviewed Plaintiff's request for appointment of counsel, (Dkt. #18), the pleadings filed in support and in opposition thereto, and the balance of the record, does hereby find and ORDER: (1) There is no right to have counsel appointed in cases brought under 42 U.S.C. § 1983. Although the court, under 28 U.S.C. § 1915(e)(1), can request counsel to represent a party proceeding in forma pauperis, the court may do so only in exceptional circumstances. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984); Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980). A finding of exceptional circumstances requires an evaluation of both the likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Wilborn, 789 F.2d at 1331. Plaintiff has demonstrated an adequate ability to articulate his claims pro se. Moreover, it

appears that this case does not involve exceptional circumstances which warrant appointment of counsel. Accordingly, Plaintiff's Motion to Appoint Counsel is DENIED. DATED this 5th day of January, 2009. /s/ J. Kelley Arnold J. Kelley Arnold United States Magistrate Judge