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Rasmussen v. Colvin

United States District Court, W.D. Washington, Tacoma

December 23, 2014

MELANIE RASMUSSEN, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION UNITED STATES MAGISTRATE JUDGE

ROBERT J. BRYAN, District Judge.

This matter comes before the Court on the Report and Recommendation of the Honorable Karen L. Strombom, United States Magistrate Judge. Dkt. 14. The Magistrate Judge recommends that Plaintiff's motion to withdraw her complaint be granted. Id.

In response to the Report and Recommendation, Plaintiff moves to withdraw her motion for voluntary dismissal and requests the appointment of counsel. Dkt. 15. Although Plaintiff states that she is unable to afford an attorney, Plaintiff has not provided the Court with a sufficient showing that an appointment of counsel would be appropriate. Plaintiff should be given the opportunity to do so.

The Court, having reviewed Plaintiff's complaint, the Report and Recommendation of Judge Karen L. Strombom, United States Magistrate Judge, Plaintiff's request to withdraw the motion for voluntary dismissal and for appointment of counsel, and the remaining record, does hereby find and ORDER:

(1) The Court declines to adopt the Report and Recommendation; and
(2) The matter is re-referrred to the United States Magistrate Judge for consideration of Plaintiff's request for appointment of counsel.

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