Barnes et al v. City of Milton

Filing 15

ORDER denying 14 Motion to Appoint Counsel by Judge Franklin D. Burgess.(SPH)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 1 Plaintiffs move for appointment of counsel to prosecute this civil rights action. Generally, there is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). However, pursuant to 28 U.S.C. § 1915(d), the court has discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. Id.; Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990). While the court may request volunteer counsel in exceptional cases, it has no power to make a mandatory appointment. Mallard v. U.S. Dist. Court of Iowa, 490 U.S. 296, 301-08 (1989). In order to determine whether exceptional circumstances exist, the court evaluates the plaintiff's likelihood of success on the merits and the ability of the plaintiff to articulate his or her claim pro se in light of the complexity of the legal v. CITY OF MILTON, Defendant. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA DENISE BARNES and PETER BARNES, Plaintiffs, Case No. C09-5034 FDB ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL

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issues involved. Wood, at 1335-36; Richards v. Harper, 864 F.2d 85, 87 (9th Cir. 1988). Initially, the Plaintiffs have not established in forma pauperis status. Moreover, Plaintiffs have not demonstrated a likelihood of success on the merits or exceptional circumstances which warrant appointment of counsel. Accordingly, Plaintiffs' motion for appointment of counsel will be denied. ACCORDINGLY, IT IS HEREBY ORDERED: Plaintiffs' motion for appointment of counsel [Dkt. #14] is DENIED.

DATED this 16th day of September, 2009.

A

FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE

ORDER - 2