Smith v. Commissioner of Social Security

W.D. Washington

Smith v. Commissioner of Social Security

DecidedJanuary 4, 2023

Docket2:22-cv-01667

StatusUnknown

This text of Smith v. Commissioner of Social Security (Smith v. Commissioner of Social Security) 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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Smith v. Commissioner of Social Security, (W.D. Wash. 2023).

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5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

8 TERRY SMITH, 9 Case No. 2:22-cv-01667-MAT Plaintiff, 10 ORDER GRANTING IN FORMA v. PAUPERIS APPLICATION AND 11 DENYING MOTION FOR COMMISSIONER OF SOCIAL APPOINTMENT OF COUNSEL 12 SECURITY,

13 Defendant.

14 Plaintiff filed a pro se complaint against the Commissioner of the Social Security 15 Administration along with an application to proceed in forma pauperis and a motion for 16 appointment of counsel. Dkt. 6, 7. Having considered Plaintiff’s motions, the Court finds and 17 concludes as follows: 18 (1) Plaintiff’s application to proceed in forma pauperis is GRANTED. Pursuant to Rule 19 3 of the Supplemental Rules for Social Security Actions Under 42 U.S.C § 405(g) to the Federal 20 Rules of Civil Procedure, the Clerk shall notify the Commissioner of the commencement of this 21 action by transmitting a Notice of Electronic Filing to the Social Security Administration’s Office 22 of General Counsel and to the United States Attorney of the Western District of Washington. 23 (2) Plaintiff need not serve a summons and complaint, or file proof of service, under 1 Rule 4 of the Federal Rules of Civil Procedure. 2 (3) The Commissioner shall file a certified copy of the Administrative Record and any 3 affirmative defenses within 60 days after notice of this action is given. 4 (4) Plaintiff’s motion for appointment of counsel is DENIED. There is generally no

5 right to appointment of counsel in a civil case. Although the Court may request counsel to represent 6 a party proceeding in forma pauperis under 28 U.S.C. § 1915(e)(1), such motions are granted only 7 in “exceptional circumstances.” Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). 8 Plaintiff has shown neither that his case is particularly likely to succeed on the merits nor that he 9 is unable to articulate his claims pro se considering the complexity of the legal issues involved 10 warranting appointment of counsel in this matter. See id. 11 (5) The Clerk is directed to send to Plaintiff a copy of this Order and a copy of the 12 Notice of Initial Assignment and Consent to Proceed before a United States Magistrate Judge. 13 DATED this 4th day of January, 2023. 14 A

15 MARY ALICE THEILER 16 United States Magistrate Judge

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5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

8 TERRY SMITH, 9 Case No. 2:22-cv-01667-MAT Plaintiff, 10 ORDER GRANTING IN FORMA v. PAUPERIS APPLICATION AND 11 DENYING MOTION FOR COMMISSIONER OF SOCIAL APPOINTMENT OF COUNSEL 12 SECURITY,

13 Defendant.

14 Plaintiff filed a pro se complaint against the Commissioner of the Social Security 15 Administration along with an application to proceed in forma pauperis and a motion for 16 appointment of counsel. Dkt. 6, 7. Having considered Plaintiff’s motions, the Court finds and 17 concludes as follows: 18 (1) Plaintiff’s application to proceed in forma pauperis is GRANTED. Pursuant to Rule 19 3 of the Supplemental Rules for Social Security Actions Under 42 U.S.C § 405(g) to the Federal 20 Rules of Civil Procedure, the Clerk shall notify the Commissioner of the commencement of this 21 action by transmitting a Notice of Electronic Filing to the Social Security Administration’s Office 22 of General Counsel and to the United States Attorney of the Western District of Washington. 23 (2) Plaintiff need not serve a summons and complaint, or file proof of service, under 1 Rule 4 of the Federal Rules of Civil Procedure. 2 (3) The Commissioner shall file a certified copy of the Administrative Record and any 3 affirmative defenses within 60 days after notice of this action is given. 4 (4) Plaintiff’s motion for appointment of counsel is DENIED. There is generally no

5 right to appointment of counsel in a civil case. Although the Court may request counsel to represent 6 a party proceeding in forma pauperis under 28 U.S.C. § 1915(e)(1), such motions are granted only 7 in “exceptional circumstances.” Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). 8 Plaintiff has shown neither that his case is particularly likely to succeed on the merits nor that he 9 is unable to articulate his claims pro se considering the complexity of the legal issues involved 10 warranting appointment of counsel in this matter. See id. 11 (5) The Clerk is directed to send to Plaintiff a copy of this Order and a copy of the 12 Notice of Initial Assignment and Consent to Proceed before a United States Magistrate Judge. 13 DATED this 4th day of January, 2023. 14 A

15 MARY ALICE THEILER 16 United States Magistrate Judge

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