Whittlesey v. US Treasury et al

Filing 8

ORDER denying 3 Plaintiff's Motion to Appoint Counsel; signed by Judge Ronald B. Leighton.(DN) Modified on 6/9/2017 (DN). (cc to pltf)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RACHEL WHITTLESEY,

CASE NO. C17-5362RBL

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Plaintiff,
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v.

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UNITED STATES TREASURY,

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ORDER DENYING MOTION TO
APPOINT COUNSEL

Defendant.

[Dkt. #3]

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

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of counsel. [Dkt. #3] Whittlesey previously sought leave to proceed in forma pauperis but paid

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the filing fee the same day [Dkt. #2].

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Whittlesey’s complaint is difficult to read and comprehend. She appears to complain

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about the IRS form 1040 forms she has been filing for “21 years” and the fact that she routinely

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gets audited. She wants a refund plus interest, and punitive damages in the form of real estate.

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She claims that the “IRS Code” is unconstitutional, and that this Court has jurisdiction because

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the “defendants are who they are.” [Dkt. #1]

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An indigent plaintiff in a civil case has no constitutional right to counsel unless she may
lose her physical liberty if she loses the litigation. See Lassiter v. Dept. of Social Servs., 452 U.S.

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ORDER DENYING MOTION TO APPOINT
COUNSEL - 1

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

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counsel for indigent litigants who are proceeding in forma pauperis. United States v.

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$292,888.04 in U.S. Currency, 54 F.3d 564, 569 (9th Cir. 1995).
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.
There is, of course, some tension between these factors. Whittlesey has (at least so far)

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demonstrated difficulty articulating her claims; the Court does not really know what she is

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complaining about, whether it has jurisdiction over the claims, or whether they are (as they

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appear to be) facially time-barred. On the other hand, this difficulty makes it impossible for the

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Court to conclude that Whittlesey has shown any likelihood of success on the merits of her

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claims.

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Whittlesey has not met the exceptional circumstances standard for a court-appointed
lawyer to represent her at taxpayer expense. Her motion for appointment of counsel is DENIED.

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IT IS SO ORDERED.

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Dated this 9th day of June, 2017.

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A

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Ronald B. Leighton
United States District Judge

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[DKT. #3] - 2