Allison v. United States

W.D. Washington

Allison v. United States

DecidedJanuary 16, 2020

Docket3:19-cv-05923

StatusUnknown

This text of Allison v. United States (Allison v. United States) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allison v. United States, (W.D. Wash. 2020).

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Opinion

1 HONORABLE RONALD B. LEIGHTON 2 3 4

5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA 8 CINDI ALLISON, CASE NO. 19-cv-5923-RBL 9 Petitioner, ORDER ON MOTION FOR COURT- 10 v. APPOINTED COUNSEL

11 UNITED STATES OF AMERICA, 12 Respondent. 13

14 THIS MATTER is before the Court on Petitioner Cindi Allison’s Motion for Court- 15 Appointed Counsel to represent her in her in this action under 28 U.S.C. § 2255. [Dkt. # 7]. 16 In exceptional circumstances, the court may ask an attorney to represent any person 17 unable to afford counsel under 28 U.S.C. § 1915(e)(1). Franklin v. Murphy, 745 F.2d 1221, 18 1236 (9th Cir. 1984). To find exceptional circumstances, the court must evaluate the likelihood 19 of success on the merits and the ability of the petitioner to articulate the claims pro se in light of 20 the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 21 1983). 22 Allison provides no argument at all in support of her Motion for Court-Appointed 23 Counsel. After reviewing her underlying Motion for relief under § 2255, the Court concludes that 24 1 Allison has not demonstrated the exceptional circumstances warranting appointment of counsel. 2 The Motion is DENIED. 3 IT IS SO ORDERED. 4 Dated this 16th day of January, 2020.

5 A

6 Ronald B. Leighton 7 United States District Judge 8 9 10

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1 HONORABLE RONALD B. LEIGHTON 2 3 4

5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA 8 CINDI ALLISON, CASE NO. 19-cv-5923-RBL 9 Petitioner, ORDER ON MOTION FOR COURT- 10 v. APPOINTED COUNSEL

11 UNITED STATES OF AMERICA, 12 Respondent. 13

14 THIS MATTER is before the Court on Petitioner Cindi Allison’s Motion for Court- 15 Appointed Counsel to represent her in her in this action under 28 U.S.C. § 2255. [Dkt. # 7]. 16 In exceptional circumstances, the court may ask an attorney to represent any person 17 unable to afford counsel under 28 U.S.C. § 1915(e)(1). Franklin v. Murphy, 745 F.2d 1221, 18 1236 (9th Cir. 1984). To find exceptional circumstances, the court must evaluate the likelihood 19 of success on the merits and the ability of the petitioner to articulate the claims pro se in light of 20 the complexity of the legal issues involved. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 21 1983). 22 Allison provides no argument at all in support of her Motion for Court-Appointed 23 Counsel. After reviewing her underlying Motion for relief under § 2255, the Court concludes that 24 1 Allison has not demonstrated the exceptional circumstances warranting appointment of counsel. 2 The Motion is DENIED. 3 IT IS SO ORDERED. 4 Dated this 16th day of January, 2020.

5 A

6 Ronald B. Leighton 7 United States District Judge 8 9 10

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