Basra v. Morgan et al

Filing 83

ORDER denying 79 Motion to Appoint Counsel; signed by Judge Ronald B. Leighton.**2 PAGE(S), PRINT ALL**(Paramjit Basra, Prisoner ID: 357517)(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PARAMJIT SINGH BASRA,
Plaintiff,

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v.

CASE NO. C16-6005 RBL
ORDER

RICHARD MORGAN, et al.,

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Defendants.

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THIS MATTER is before the Court on Plaintiff Basra’s Motion for appointment of

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counsel. [Dkt. # 79]. Basra claims that because the court denied (in part) summary judgment

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[Dkt. # 49], his claims must have merit. He also claims he cannot articulate his claims, which is

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demonstrably untrue.

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No constitutional right to counsel exists for an indigent plaintiff in a civil case unless the

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plaintiff may lose his physical liberty if he loses the litigation. See Lassiter v. Dept. of Social

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Servs., 452 U.S. 18, 25 (1981). However, pursuant to 28 U.S.C. § 1915(e)(1), the Court has the

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discretion to appoint counsel for indigent litigants who are proceeding IFP. United States v.

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$292,888.04 in U.S. Currency, 54 F.3d 564, 569 (9th Cir. 1995).

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ORDER - 1

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The Court will appoint counsel only under “exceptional circumstances.” Id.; Wilborn v.

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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). “A finding of exceptional circumstances

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requires an evaluation of both the likelihood of success on the merits and the ability of the

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plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.”

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Wilborn, 789 F.2d at 1331 (internal quotations omitted). These factors must be viewed together

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before reaching a decision on whether to appoint counsel under § 1915(e)(1). Id.

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Basra has not demonstrated either of the required elements for appointment of counsel.

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The Motion for appointment of counsel is DENIED.

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IT IS SO ORDERED.

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Dated this 25th day of September, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2