Opinion
3:21-cv-00290-MO
03-19-2021
SAMUEL JAMES KENT, Plaintiff, v. OFFICE OF THE INSPECTOR GENERAL; and UNITED STATES DEPARTMENT OF THE INTERIOR, Defendants.
OPINION AND ORDER
MICHAEL W. MOSMAN UNITED STATES DISTRICT JUDGE
Before me is Plaintiff Samuel James Kent's Motion for Appointment of Counsel [ECF 11]. For the reasons set forth below, Mr. Kent's motion is DENIED.
Generally, there is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). However, I have discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. 28 U.S.C. § 1915(e); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). To determine whether exceptional circumstances exist, I evaluate "the likelihood of success on the merits [and] the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Wilborn, 789 F.2d at 1331 (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). Both factors must be viewed together, and neither is dispositive. Id.
Based on the record before me, I find no exceptional circumstances that would warrant the appointment of counsel at this early stage. Even assuming a likelihood of success on the merits, Mr. Kent has so far demonstrated sufficient ability to articulate his claims in light of the complexity of the legal issues involved. See Corrected Compl. [ECF 14]. I therefore deny Mr. Kent's request for counsel with leave to renew.
CONCLUSION
Mr. Kent's Motion for Appointment of Counsel [ECF 11] is DENIED with leave to renew.
IT IS SO ORDERED.