Miller v. Gilbert et al

Filing 135

ORDER Granting Plaintiff's 132 Motion to Appoint Counsel, signed by Judge Benjamin H. Settle. The Clerk shall identify an attorney from the Court's Pro Bono Panel to represent Miller. After that, the Court will issue an order appointing the attorney. **2 PAGE(S), PRINT ALL**(Christopher Miller, Prisoner ID: 632688)(GMR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 CHRISTOPHER MILLER, Plaintiff, 9 10 v. CASE NO. C16-5891 BHS ORDER GRANTING PLAINTIFF’S MOTION TO APPOINT COUNSEL MARGARET GILBERT, et al., 11 Defendants. 12 13 14 15 This matter comes before the Court on Plaintiff Christopher Miller’s (“Miller”) motion to appoint counsel. Dkt. 132. On October 24, 2018, Miller filed the instant motion requesting counsel to help 16 him prepare for trial and to possibly retain a medical expert. Id. On November 5, 2018, 17 Defendants responded and opposed the request. Dkt. 133. On November 9, 2018, Miller 18 replied. Dkt. 134. 19 In considering a motion to appoint counsel, the Court must evaluate both “the 20 likelihood of success on the merits [and] the ability of the [plaintiff] to articulate his 21 claims pro se in light of the complexity of the legal issues involved.” Wilborn v. 22 ORDER - 1 1 Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (quoting Weygandt v. Look, 718 F.2d 2 952, 954 (9th Cir. 1983)). 3 In this case, the Court finds that counsel is appropriate at this stage of the 4 proceeding. While Defendants are correct that Miller has adequately represented himself 5 thus far, the Court agrees with Miller that preparing for trial and locating and/or retaining 6 a medical expert significantly increases the complexity of his claims. Therefore, the 7 Court GRANTS Miller’s motion. The Clerk shall identify an attorney from the Court’s 8 Pro Bono Panel to represent Miller. After that, the Court will issue an order appointing 9 the attorney. 10 IT IS SO ORDERED. 11 Dated this 3rd day of December, 2018. A 12 13 BENJAMIN H. SETTLE United States District Judge 14 15 16 17 18 19 20 21 22 ORDER - 2

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