Opinion
No. C 08-02432 SBA.
May 15, 2008
ORDER [Docket No. 4]
INTRODUCTION
Before the Court is plaintiff Sophia Wong's Ex-parte Motion for Court to Appoint a Civil Rights Attorney (the "Motion") [Docket No. 4]. For the reasons discussed below, the Motion is denied without prejudice.
BACKGROUND
Wong claims she is mentally disabled and receives Social Security disability benefits. Compl. at 8:2-5. She also claims her benefits go to a payee, whom she has named as a defendant, who did not pay her rent for 15 months, resulting in her eviction by her landlord, the San Francisco Housing Authority (the "SFHA"), in Superior Court case CUD-08-625494. Id. at 8:11-20, 9:17, 11:24-25. As a result, she alleges she is now homeless. Id. at 1:1, 10:3-6, 10:15-16. On May 12, 2008, Wong filed, inter alia, a Complaint [Docket No. 1], an Application for Leave to Proceed in Forma Pauperis (the "Application") [Docket No. 3], and the Motion. See Docket Nos. 1, 3-4. The Court denied her Application on May 14, 2008. See Docket No. 8.
LEGAL STANDARD
An indigent litigant who may lose his or her physical liberty, if they lose a litigation, has a right to the appointment of counsel. See Lassiter v. Dep't of Soc. Servs., 452 U.S. 18, 25 (1981). Also, under 28 U.S.C. § 1915(e)(1), a district court has the discretion to appoint counsel to represent an "indigent civil litigant," but only under "exceptional circumstances." Aldabe v. Aldabe, 616 F.2d 1089, 1093 (9th Cir. 1980).
ANALYSIS
Here, Wong does not face a loss of liberty, so Lassiter is inapplicable. In addition, at this time, she has not yet demonstrated she is indigent. See Docket No. 7. Until she has made this showing, the Court may not entertain the appointment of counsel under 28 U.S.C. § 1915(e)(1). The Court thus DENIES her Motion without prejudice.CONCLUSION
The Court DENIES without prejudice plaintiff Sophia Wong's Ex-parte Motion for Court to Appoint a Civil Rights Attorney [Docket No. 4].
IT IS SO ORDERED.