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Perryman v. Room

United States District Court, W.D. Washington

January 10, 2018

SEAN PERRYMAN, Plaintiff,
v.
RHINO ROOM, et al., Defendants.

          ORDER REGARDING MOTION TO APPOINT COUNSEL

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on plaintiff's “Application for Court-Appointed Counsel.” Dkt. # 101.[1] Unlike indigent defendants in criminal cases, civil litigants have no constitutional right to counsel at the expense of another. Although the judiciary will sometimes request that members of the bar assist plaintiffs under the authority of 28 U.S.C. § 1915(e)(1), it does so only in exceptional circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). When determining whether to appoint counsel, the courts of the Ninth Circuit generally consider whether plaintiff is indigent, the likelihood of success on the merits, and plaintiff's ability “to articulate his 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 finds that the second and third factors support the appointment of counsel to represent Mr. Perryman. His pro se status is clearly impairing his ability to identify applicable legal theories, to focus his discovery and argument on the elements of potentially viable causes of action, and to pursue some of the forms of relief he seeks. Plaintiff has not, however, provided information regarding his financial circumstances. If plaintiff is able to afford an attorney, he would not be entitled to counsel at the expense of another.[2] Plaintiff shall, therefore, complete under penalty of perjury the attached Financial Affidavit and filed it within fourteen days of the date of this Order.

         FINANCIAL AFFIDAVIT

         I, Sean Perryman, declare that I am the plaintiff in this case and that I am unable to afford an attorney. In support of my request for appointment of counsel, I answer all of the following questions as follows:

         1. Are you presently employed?

         [] Yes Total amount of net monthly salary (take home pay) $ ___

Name and address of employer___

         [] No Date of last employment ___Total amount of last net monthly salary $ ___

         2. If married, is your spouse presently employed? [] Not married

         [] Yes Total amount of spouse's net monthly salary (take home pay) $ ___

Name and address of employer ___

         []No Date of spouse's last employment___ Total amount of last net monthly salary $ ___

         3. For the past twelve months, list the amount of money you and/or your spouse have ...


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