DeFrang v. Meyer et al

Filing 16

ORDER denying 12 Motion to Appoint Counsel; signed by Magistrate Judge J Richard Creatura.(CMG; cc to Plaintiff)

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ORDER - 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA JUSTEN WILLIAM DEFRANG, Plaintiff, v. JOHN DOE MEYER, et al., Defendants.

CASE NO. C09-5757BHS ORDER DENYING APPOINTMENT OF COUNSEL

This Civil Rights Action has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636 (b) (1) (A) and 636 (b) (1) (B), and Local Magistrate Judge's Rule MJR3 and MJR4. Before the Court is Plaintiff's motion asking for appointment of counsel (Dkt. # 12). The underlying claim involves loss of personal property. 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

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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 (Dkt # 5) and there has been no showing of exceptional circumstances. The motion is DENIED. The Clerk's Office is directed to remove Dkt. # 12 from the Court's calendar. DATED this 5th day of March, 2010.

A
J. Richard Creatura United States Magistrate Judge

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