Boteilho v. Gregoire et al

Filing 63

ORDER denying 54 Motion to Appoint Counsel ; denying 58 Motion for Extension of Time. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Plaintiff)

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 F.2d 1089 (9th Cir. 1980). A finding of exceptional circumstances requires an evaluation of both This 42 U.S.C. § 1983 Civil Rights action has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C. §§ 636(b)(1)(A) and(B) and Local Magistrate Judges' Rules MJR 1, MJR 3, and MJR 4. The matter is before the court on plaintiff's motion for appointment of counsel (DKT # 54). There is no right to have counsel appointed in cases brought under 42 U.S.C. ' 1983. Although the court can request counsel to represent a party, 28 U.S.C. ' 1915(e) (1), 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 v. CHRISTINE GREGOIRE, et al., Defendants. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANTHONY BOTEILHO, Plaintiff,

CASE NO. C09-5407 BHS/JRC ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL

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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 and has not made an argument regarding the likelihood of success on the merits. A report and recommendation to transfer this case to Arizona is pending. Accordingly, the motion, (Dkt # 54), is DENIED. Plaintiff's motion for an extension of time to file a reply, (Dkt. # 59), is also DENIED. DATED this 28th day of June, 2010.

A
J. Richard Creatura United States Magistrate Judge

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