United States District Court, W.D. Washington, Tacoma
ORDER ON PLAINTIFF'S MOTION TO APPOINT STANDBY
COUNSEL, MOTION REQUESTING CONFERENCE, AND REQUEST FOR PRO SE
J. BRYAN UNITED STATES DISTRICT JUDGE
matter comes before the Court on the Plaintiff's Motion
to Appoint Stand-By Counsel to Assist Petitioner (Dkt. 12),
Motion Requesting Conference (Dkt. 15), and “Request
for Pro-Se Order in Pierce County Jail” (Dkt. 14). The
Court has reviewed the motions and remaining record.
breach of contract case was filed by Plaintiff, pro
se, who is proceeding in forma pauperis
(“IFP”). On July 10, 2017, the Court set initial
deadlines in the case, including the Fed.R.Civ.P. 26 (f)
conference deadline, which is September 25, 2017, the initial
disclosure deadline, which is set for October 2, 2017; and
the Joint Status Report, which is due by October 10, 2017.
Dkt. 9. On July 21, 2017, the Court directed the Clerk of the
Court to send to Defendant by U.S. mail at the address
provided in the summons filled out by Plaintiff (Dkt. 10):
copies of Plaintiff's Complaint (Dkt. 7), the order
directing service, the notice of lawsuit and request for
waiver of service of summons, and a waiver of service of
summons. Dkt. 13.
now moves for an order appointing standby counsel (Dkt. 12),
moves for a conference to take place at the Pierce County
Corrections and Detention Center (Dkt. 15), and requests an
“order from court declaring pro-se status” (Dkt.
14). Each of Plaintiff's pleadings will be considered in
motion for appointment of counsel. 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 only 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).
motion, Plaintiff states that he is incarcerated, does not
have access to all the legal materials he requires, is
worried about meeting deadlines, and is concerned about
making errors. Dkt. 12.
Plaintiff's motion for appointment of counsel (Dkt. 12)
should be denied. The Plaintiff has not yet shown that the
claims have merit or shown a likelihood of success on the
merits. Further, he appears to be able to articulate his
claims adequately in light of the legal issues involved. The
Plaintiff made the decision to file this case while he was in
custody. While it will be more difficult to process, the
circumstances of this case do not make appointment of counsel
necessary or just, nor does the case present exceptional
circumstances. The motion for appointment of counsel (Dkt.
12) should be denied.
for a Conference at the Jail. To the extent that
Plaintiff is moving the Court for an order requiring
Defendant to attend the parties' Fed.R.Civ.P. 26 (f)
conference at the Pierce County Jail (Dkt. 15) this motion is
premature and should be denied without prejudice. This case
was just filed. The Defendant may have no notice of the case.
In any event, parties are expected to work together to meet
case deadlines. Motions are to be filed only after parties
have attempted to work together, and only if absolutely
necessary. There is no showing that the parties have
attempted to work together to resolve how or where to have
the Rule 26 (f) conference and were unable to agree. This
motion should be denied without prejudice.
for Pro Se Order. Plaintiff moves the Court for
“an order from court declaring pro-se status to copy
and mail legal documents from Pierce County Jail.” Dkt.
14. He asserts that the “jail policy requires this
document to litigate in forma pauperis/pro se.”
10, 2017, Plaintiff was sent a paper copy of the order
granting him IFP status. Dkt. 6. To the extent that Plaintiff
seeks an additional copy of the motion (Dkt. 14), his motion
should be granted. The Clerk of the Court should be directed
to resend a copy of the Court's July 10, 2017 order
granting Plaintiff IFP status (Dkt. 6). It is unclear what
other documentation Plaintiff requires or what other relief,
if any, he seeks. To the extent he seeks other relief, the
motion should be denied without prejudice.
• Plaintiffs Motion to Appoint Stand-By Counsel to
Assist Petitioner (Dkt. 12) IS
• Plaintiff s Motion Requesting Conference (Dkt. 15)
IS DENIED WITHOUTPREJ ...