Opinion
CASE NO. No. 13-5248-RBL
05-09-2013
YVONNE MCDONALD Plaintiff, v. EMPLOYMENT SECURITY DEPARTMENT, et al., Defendant.
HONORABLE RONALD B. LEIGHTON
ORDER DENYING MOTION TO
APPOINT COUNSEL
[DKT. #2]
THIS MATTER is before the Court upon Plaintiff's Motion for Court-Appointed Counsel [Dkt. #2].
There is no right to counsel in a civil case. The Court may appoint counsel under 28 U.S.C. § 1915(e)(1) in exceptional circumstances. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). A finding of exceptional circumstances requires an evaluation of both the likelihood of success on the merits and the ability of the Plaintiff to articulate her claims pro se. Id.
The plaintiff has not shown that she is likely to succeed on the merits of the case. As the court explained in its order denying Plaintiff's motion to proceed in forma pauperis, the proposed complaint fails to state a claim for which relief could be granted. Plaintiff's Motion for Court-Appointed Counsel is DENIED.
IT IS SO ORDERED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.
_________________
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE