Kowalewska v. McHugh et al

Filing 4

ORDER by Judge Benjamin H Settle denying 2 Motion to Appoint Counsel.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 BARBARA B. KOWALEWSKA,
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Plaintiff,

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v.

CASE NO. C13-5187 BHS
ORDER DENYING MOTION TO
APPOINT COUNSEL

11 JOHN M. MCHUGH, Secretary,
Department of the Army,
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Defendant.
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This matter comes before the Court on Plaintiff Barbara B. Kowalewska’s
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(“Kowalewska”) motion to appoint counsel (Dkt. 2).
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On March 12, 2013, Kowalewska filed a complaint alleging breach of an Equal
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Employment Opportunity Commission (“EEOC”) settlement agreement. Dkt. 1. On
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March 13, 2013, Kowalewska filed a motion to appoint an attorney. Dkt. 2.
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There is no right to have counsel appointed in cases brought under 42 U.S.C.
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§ 2000e. Although a court, under 28 U.S.C. § 1915(e), can request counsel to represent a
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party proceeding in forma pauperis, the court may do so only in exceptional
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ORDER - 1

1 circumstances. Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). A finding of
2 exceptional circumstances requires an evaluation of both the likelihood of success on the
3 merits and the ability of the plaintiff to articulate his or her claims pro se in light of the
4 complexity of the legal issues involved. Wilborn v. Escalderon, 789 F.2d 1328, 1331
5 (9th Cir. 1986).
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In this case, the Court finds that exceptional circumstances do not exist to appoint

7 counsel. First, Kowalewska is able to articulate her claims and arguments. Second, the
8 issues do not appear to be that complex at this time. Third, the likelihood of success is
9 undercut by the fact that the EEOC rejected her breach claim on direct review and on
10 appeal. Therefore, the Court DENIES Kowalewska’s motion to appoint counsel.
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Dated this 19th day of March, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2