Opinion
Civil No. 01-531-KI.
May 17, 2001.
OPINION AND ORDER
Before the court is the motion for appointment of counsel (#6) by plaintiff Barbara Lisa Cutsforth. For the reasons set forth below, I deny the motion.
FACTS
Although plaintiff's Complaint is cryptic, I can ascertain that she seeks to bring a claim under the Americans with Disabilities Act against four individuals who allegedly supervised her in her prior employment.
DISCUSSION
Generally, there is no constitutional right to counsel in a civil case. United States v. $292,888.04, 54 F.3d 564, 569 (9th Cir. 1995) ("$292.888.04"); United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). However, pursuant to 28 U.S.C. § 1915(e)(1) (formerly 28 U.S.C. § 1915(d)), this court has discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. $292,888.04, 54 F.3d at 569; Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). While this court may request volunteer counsel in exceptional circumstances, it has no power to make a mandatory appointment. Mallard v. U.S. Dist. Court of Iowa, 490 U.S. 296, 301-08 (1989). There are no funds available to pay the services of such volunteer counsel.
The text of 28 U.S.C. § 1915(e)(1) reads "[t]he court may request an attorney to represent any person unable to afford counsel."
In order to determine whether exceptional circumstances exist, this court evaluates the plaintiff's likelihood of success on the merits and the ability of the pro se plaintiff to articulate his or her claim in light of the complexity of the legal issues involved. $292,888.04, 54 F.3d at 569; Wood, 900 F.2d at 1335-36; Wilborn, 789 F.2d at 1331. However, "[n]either of these factors is dispositive and both must be viewed together before reaching a decision on request of counsel under section 1915(d)." Wilborn, 789 F.2d at 1331; Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).
I do not find that exceptional circumstances exist to warrant an effort by the court to obtain volunteer counsel for plaintiff. The allegations contained in the Complaint do not demonstrate a strong likelihood of success on the merits. Although plaintiff demonstrates some difficulty in articulating her claim, and states in her affidavit that she would rather spend her time looking for employment than prepare this case, I conclude that those circumstances do not warrant the referral of this case to the volunteer panel of attorneys.
CONCLUSION
The motion for appointment of counsel (#6) by plaintiff Barbara Lisa Cutsworth is DENIED.
IT IS SO ORDERED.