Rasmussen v. Commissioner of Social Security

Filing 18

ORDER denying 15 Motion to request appointment of legal counsel, signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MELANIE RASMUSSEN,
Case No. 3:14-cv-05007-RJB-KLS

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Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

ORDER DENYING PLAINTIFF’S
MOTION TO REQUEST APPOINTMENT
OF LEGAL COUNSEL

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Defendant.

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This matter comes before the Court on plaintiff’s filing of a motion to request

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appointment of legal counsel. See ECF #15. That motion was filed in response to the
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undersigned’s report and recommendation that the Court grant plaintiff’s motion to withdraw her

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complaint in this case. See ECF #14. In her motion to withdraw, plaintiff stated she could not

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proceed with the prosecution of her case without the assistance of legal counsel, but had

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exhausted all her attempts to find such counsel. See ECF #13. In recommending that the motion

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to withdraw be granted, the undersigned noted that plaintiff had not requested appointment of
counsel, and that there was no indication that appointment thereof would be appropriate in this

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case. See ECF #14.
“Generally, a plaintiff in a civil case has no right to appointed counsel. Johnson v.

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Commissioner of Social Sec., 2012 WL 124793, *2 (S.D.Cal. January 17, 2012) (citing

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Hernandez v. Whiting, 881 F.2d 768, 770–71 (9th Cir.1989); United States v. 30.64 Acres, 795

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F.2d 796, 801 (9th Cir.1986)). Before counsel may be appointed in a civil case, a finding of
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“exceptional circumstances” must be made, which requires an evaluation of the plaintiff’s “(1)

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likelihood of success on the merits, and (2) ability to articulate his [or her] claims pro se” in light

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of the complexity of legal issues involved. Johnson, 2012 WL 124793, at *2 (quoting Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir.1991) (quoting Wilson v. Esalderon, 789 F.2d 1328, 1331

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(9th Cir.1986))). “Neither of these issues is dispositive,” however, “and both must be viewed [by
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the Court] before reaching a decision.” Johnson, 2012 WL 124793 *2 (quoting Terrell, 935 F.2d
at 1017 (quoting Wilson, 789 F.2d at 1331)).
Plaintiff asserts she cannot proceed in prosecuting her case without the appointment of

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legal counsel, because she is unable to write her own opening brief. See ECF #15. The Court

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finds, however, that the two motions she has filed in this case reveals an adequate ability to

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articulate her claims on her own behalf. Further, plaintiff has failed to demonstrate either a

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likelihood of success on the merits or shown that the issues this case presents are too complex,
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such that she will not be able to articulate her claims pro se.
Plaintiff also asserts that she would be able to proceed with this case if legal counsel were

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appointed, because then counsel would not have to “win to get paid, a problem that arose when

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trying to obtain an attorney” herself. ECF #15. But, while perhaps an important factor in a

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claimant’s ability to obtain private legal representation, that is not the standard for determining
the propriety of appointing counsel at the government’s expense.

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Accordingly, plaintiff’s motion to request appointment of legal counsel (See ECF #15),
hereby is DENIED. The Court notes that plaintiff states in that motion that she would like to

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withdraw her motion to withdraw her complaint if she is appointed legal counsel. Given that her

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request for appointment of legal counsel has been denied, plaintiff shall inform the Court by no

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later than February 13, 2015, whether she again wants to withdraw her complaint – by filing a
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new motion making that request – or whether she wishes to continue to prosecute her case, in

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which case the Court shall set a new briefing schedule.

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DATED this 16th day of January, 2015.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 3