McDonald v. Employment Security Department

Filing 6

ORDER denying 2 Motion to Appoint Counsel, signed by Judge Ronald B. Leighton.(DN) Modified on 5/9/2013 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. No. 13-5248-RBL
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YVONNE MCDONALD
ORDER DENYING MOTION TO
APPOINT COUNSEL

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Plaintiff,
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[DKT. #2]
v.

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EMPLOYMENT SECURITY
DEPARTMENT, et al.,

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Defendant.

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THIS MATTER is before the Court upon Plaintiff’s Motion for Court-Appointed
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Counsel [Dkt. #2].
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There is no right to counsel in a civil case. The Court may appoint counsel under 28
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U.S.C. § 1915(e)(1) in exceptional circumstances. Wilborn v. Escalderon, 789 F.2d 1328, 1331
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(9th Cir. 1986). A finding of exceptional circumstances requires an evaluation of both the

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likelihood of success on the merits and the ability of the Plaintiff to articulate her claims pro se.
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Id.
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The plaintiff has not shown that she is likely to succeed on the merits of the case. As the
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court explained in its order denying Plaintiff’s motion to proceed in forma pauperis, the
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ORDER DENYING MOTION TO APPOINT COUNSEL- 1

1 proposed complaint fails to state a claim for which relief could be granted. Plaintiff’s Motion for
2 Court-Appointed Counsel is DENIED.
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IT IS SO ORDERED.

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The Clerk shall send uncertified copies of this order to all counsel of record, and to any

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Dated this 9th day of May, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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[DKT. #2]- 2