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Jose Eustace Mendoza v. Makah Tribal Court

July 20, 2012

JOSE EUSTACE MENDOZA, PETITIONER,
v.
MAKAH TRIBAL COURT, RESPONDENT.



The opinion of the court was delivered by: Robert J. Bryan United States District Judge

ORDER ON APPLICATION TO PROCEED IN FORMA PAUPERIS, APPLICATION FOR COURT APPOINTED COUNSEL, AND SERVICE OF PETITION

This matter comes before the court on petitioner's application to proceed in forma pauperis (Dkt. 1) and on petitioner's application for court appointed counsel (Dkt. 1-2). The court has reviewed the relevant documents and the remainder of the file herein.

1. Application to Proceed In Forma Pauperis

On June 12, 2012, petitioner filed an application to proceed in forma pauperis in this action under the Indian Civil Rights Act, 25 U.S.C. § 1303. Dkt. 1.

The district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a).

Petitioner's declaration in support of his application to proceed in forma pauperis indicates that he is unable to afford to pay the filing fee at this time. Accordingly, petitioner's application to proceed in forma pauperis (Dkt. 1) should be granted.

2. Application for Court Appointed Counsel

On June 12, 2012, petitioner filed an application for court appointed counsel. Dkt. 1-2. Under 28 U.S.C. § 1915(e)(1), the court may request an attorney to represent any person unable to afford counsel. Under Section 1915, the court may appoint counsel in exceptional circumstances. Franklin v. Murphy, 745 F.2d 1221,1236 (9th Cir. 1984). To find exceptional circumstances, the court must evaluate the likelihood of success on the merits and the ability of the petitioner to articulate the claims pro se in light of the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The court may also appoint counsel to represent petitioners who request habeas corpus ...


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