Eslick v. State of Washington

• Court: District Court, E.D. Washington
• Decided: November 22, 2021
• Docket: 2:21-cv-00282
• Status: Unknown

Opinion

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3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 PATRICK ESLICK, NO. 2:21-CV-0282-TOR 8 Plaintiff, ORDER DENYING MOTION TO 9 v. REVISIT APPOINTMENT OF COUNSEL 10 STATE OF WASHINGTON; JASON P. AEBISCHER; GRANT COUNTY, 11 WASHINGTON; ANNA GIGLIOTTI; CITY OF MOSES 12 LAKE, WASHINGTON; TRAVIS RUFFIN; and JOSE PEREZ, 13 Defendants. 14

15 BEFORE THE COURT is Plaintiff’s Motion to Revisit Appointment of 16 Counsel (ECF No. 26). The Court has reviewed the record and files herein and is 17 fully informed. For the reasons discussed below, Plaintiff’s Motion is DENIED. 18 Plaintiff, proceeding pro se and in forma pauperis, moves the Court to 19 revisit appointment of counsel. Generally, a person has no right to counsel in civil 20 actions. However, the court has discretion to request counsel pursuant to 28 U.S.C. § 1915(e)(1) under “exceptional circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). The court may only request attorneys to represent impoverished litigants, rather than command them to take cases, and there is no compensation available for them. Mallard v. U.S. Dist. Court for S. Dist. of lowa, 5|| 490 U.S. 296, 302, & n.3 (1989). “When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on the merits 7|| as well as the ability of the petitioner to articulate his claims pro se in light of the 8 || complexity of the legal issues involved.” Palmer, 560 F.3d at 570 (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). 10 Plaintiff seeks money damages and has apparently contacted numerous 11 |} attorneys who will not take his case. ECF No. 15. Plaintiff has not demonstrated 12]|| that exceptional circumstances justify appointment of pro bono counsel. ACCORDINGLY, IT IS HEREBY ORDERED: 14 Plaintiff's Motion to Revisit Appointment of Counsel (ECF No. 26) is 15 DENIED. 16 The District Court Executive is directed to enter this Order and furnish copies to counsel. 18 DATED November 22, 2021. ° —Hhiuss. Of ee Va 20 THOMAS O. RICE <> United States District Judge