United States of America v. Gibney et al

Filing 15

ORDER denying 10 Motion to Appoint Counsel filed by Elaine Gibney. Signed by Judge Benjamin H. Settle. (MGC) (cc: Gibney via mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 UNITED STATES OF AMERICA,
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Plaintiff,

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v.

ORDER DENYING MOTIONS
FOR APPOINTMENT OF
COUNSEL

11 ELAINE GIBNEY,
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CASE NO. C14-5969 BHS
C14-5970BHS

Defendant.

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This matter comes before the Court on Defendant Elaine Gibney’s (“Gibney”)

15 motions for a court appointed counsel (C14-5969, Dkt. 11 & C14-5970, Dkt. 10).
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On December 30, 2014, Gibney filed the instant motions requesting that the court

17 appoint her counsel in these forfeiture proceedings because she is unable to afford
18 counsel. Id. Although a court, under 28 U.S.C. § 1915(e), can request counsel to
19 represent a party, the court may do so only in exceptional circumstances. Rand v.
20 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). A finding of exceptional circumstances
21 requires an evaluation of both the likelihood of success on the merits and the ability of
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ORDER - 1

1 the party to articulate her claims pro se in light of the complexity of the legal issues
2 involved. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
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In this case, the Court is unable to conclude that exceptional circumstances exist to

4 appoint counsel to represent Gibney. In her letter, Gibney states that her claims and/or
5 defenses are more equitable in nature rather than being legal in nature. She asserts that
6 the funds that the Government is attempting to seize are essential sources of income and
7 that she is diligently striving to make her restitution payments. These are not complex
8 claims and Gibney has filed detailed financial documents for the Court’s consideration.
9 Therefore, the Court DENIES Gibney’s motions for appointment of counsel.
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IT IS SO ORDERED.

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Dated this 3rd day of February, 2015.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2