Green v. Gilbert et al

Filing 61

ORDER denying 44 Plaintiff's Motion re Objection to Magistrate Judge's Denial of Appointment of Counsel; the Magistrate Judge's Order is AFFIRMED; signed by Judge Ronald B. Leighton.**2 PAGE(S), PRINT ALL**(DeAngelo Green, Prisoner ID: 310589)(DN)

HONORABLE RONALD B. LEIGHTON

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8
9

DEANGELO A GREEN,
Plaintiff,

10
11

v.

CASE NO. C17-5898 RBL-DWC
ORDER

MARGARET GILBERT, et al.,

12

Defendants.

13
14

THIS MATTER is before the Court on Plaintiff Green’s “Motion for Objection” [Dkt. #

15

44] to the Magistrate Judge’s Order [Dkt. # 37] Denying his Motion for appointment of counsel

16

[Dkt. # 22].

17

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

18

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

19

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

20

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

21

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

22
23

The Court will appoint counsel only under “exceptional circumstances.” Id.; Wilborn v.
Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). “A finding of exceptional circumstances

24

ORDER - 1

1

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

2

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

3

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

4

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

5
6

Green has not shown the required exceptional circumstances. The Magistrate Judge’s
Order is not clearly erroneous or contrary to law, and it is AFFIRMED. See Rule 72 (a).

7

The Motion is DENIED.

8

IT IS SO ORDERED.

9

Dated this 15th day of May, 2018.

10
11

A

12

Ronald B. Leighton
United States District Judge

13

14
15
16
17
18
19
20
21
22
23
24

ORDER - 2