Antoine Johnson v. United States of America

Filing 12

ORDER denying 3 Petitioner's Motion to Appoint Counsel; signed by Judge Ronald B. Leighton.(DN) Modified on 3/9/2015 (DN). (cc to petitioner)

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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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ANTOINE D JOHNSON,

CASE NO. C14-6018 RBL

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Petitioner,
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ORDER DENYING MOTION TO
APPOINT COUNSEL

v.
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UNITED STATES OF AMERICA,
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Respondent.
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THIS MATTER is before the Petitioner’s Motion for Appointment of Counsel [Dkt. #3]

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Under 28 U.S.C. § 1915(e)(1), the court may request an attorney to represent any person

16 unable to afford counsel. Under §1915, the court may appoint counsel in exceptional
17 circumstances. Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984). To find exceptional
18 circumstances, the court must evaluate the likelihood of success on the merits and the ability of
19 the petitioner to articulate the claims pro se in light of the complexity of the legal issues
20 involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).
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ORDER DENYING MOTION TO APPOINT
COUNSEL - 1

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Plaintiff’s Motion claims only that he cannot afford an attorney. He has not established

2 any “exception circumstances” that would entitle him to one at the taxpayer’s cost. The Motion
3 for appointment of counsel is DENIED.
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IT IS SO ORDERED.

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Dated this 9th day of March, 2015.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER DENYING MOTION TO APPOINT
COUNSEL - 2