Roberson v Tacoma Community College
Filing
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ORDER denying 2 Motion to Appoint Counsel, signed by Judge Ronald B. Leighton.(DN) Modified on 4/25/2013 (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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TAMARA TRICIA ROBERSON,
Plaintiff,
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ORDER
v.
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CASE NO. C13-5298 RBL
TACOMA COMMUNITY COLLEGE,
Defendant.
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THIS MATTER is before the Court on Plaintiff’s Motion for Appointment of Counsel
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There is no right to have counsel appointed in civil cases. Storseth v. Spellman, 654 F.2d
17 1349, 1353 (9th Cir. 1981). A district court has discretion to designate counsel to represent an
18 indigent civil litigant. 28 U.S.C. § 1915(e); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.
19 1986). Counsel may only be appointed under 28 U.S.C. § 1915(e)(1) (formerly 28 U.S.C. § 1915(d))
20 in “exceptional circumstances.” Wilborn, 789 F.2d at 1331, quoting Weller v. Dickson, 314 F.2d 598,
21 600 (9th Cir.), cert. denied, 375 U.S. 845, 84 S. Ct. 97 (1963); Rand v. Roland, 113 F.3d 1520, 1525
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(9th Cir. 1997), overruled on other grounds, 154 F.3d 952 (9th Cir. 1998); see also United States v.
Madden, 352 F.2d 792, 794 (9th Cir. 1965). “A finding of exceptional circumstances requires an
evaluation of both the likelihood of success on the merits [and] the ability of the petitioner to
ORDER - 1
1 articulate his claims pro se in light of the complexity of the legal issues involved.‟” Wilborn, 789
2 F.2d at 1331, quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Neither of the above3 cited “factors is dispositive, and both must be viewed together before reaching a decision.” Terrell v.
4 Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (quoting Wilborn, 789 F.2d at 1331).
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Plaintiff has not met her burden of demonstrating the exceptional circumstances required for
appointment of counsel, and her Motion is DENIED.
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IT IS SO ORDERED.
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Dated this 25th day of April, 2013.
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A
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE
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ORDER - 2
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