Roberson v Tacoma Community College

Filing 8

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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1 HONORABLE RONALD B. LEIGHTON 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 TAMARA TRICIA ROBERSON, Plaintiff, 10 ORDER v. 11 12 CASE NO. C13-5298 RBL TACOMA COMMUNITY COLLEGE, Defendant. 13 14 THIS MATTER is before the Court on Plaintiff’s Motion for Appointment of Counsel 15 [Dkt. #2]. 16 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 22 23 24 (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). 5 6 Plaintiff has not met her burden of demonstrating the exceptional circumstances required for appointment of counsel, and her Motion is DENIED. 7 IT IS SO ORDERED. 8 Dated this 25th day of April, 2013. 9 10 A RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER - 2

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