Miller v. Gilbert et al
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-5891 BHS
ORDER GRANTING PLAINTIFF’S
MOTION TO APPOINT COUNSEL
MARGARET GILBERT, et al.,
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
him prepare for trial and to possibly retain a medical expert. Id. On November 5, 2018,
Defendants responded and opposed the request. Dkt. 133. On November 9, 2018, Miller
replied. Dkt. 134.
In considering a motion to appoint counsel, the Court must evaluate both “the
likelihood of success on the merits [and] the ability of the [plaintiff] to articulate his
claims pro se in light of the complexity of the legal issues involved.” Wilborn v.
ORDER - 1
Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (quoting Weygandt v. Look, 718 F.2d
952, 954 (9th Cir. 1983)).
In this case, the Court finds that counsel is appropriate at this stage of the
proceeding. While Defendants are correct that Miller has adequately represented himself
thus far, the Court agrees with Miller that preparing for trial and locating and/or retaining
a medical expert significantly increases the complexity of his claims. Therefore, the
Court GRANTS Miller’s motion. 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
IT IS SO ORDERED.
Dated this 3rd day of December, 2018.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
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