Filed: Jun. 19, 2014
Latest Update: Jun. 19, 2014
Summary: ORDER JOHN M. GERRARD, District Judge. This matter is before the Court on correspondence from the claimant, John Anderson, that the Court has filed as a motion for appointment of counsel (filing 58). That motion will be taken under advisement pending submission, by the claimant, of evidence to support his motion. Anderson has no Sixth Amendment right to counsel in this proceeding, because it is civil, not criminal. United States v. $292,888.04, 54 F.3d 564 , 569 (9th Cir. 1995); see Ward
Summary: ORDER JOHN M. GERRARD, District Judge. This matter is before the Court on correspondence from the claimant, John Anderson, that the Court has filed as a motion for appointment of counsel (filing 58). That motion will be taken under advisement pending submission, by the claimant, of evidence to support his motion. Anderson has no Sixth Amendment right to counsel in this proceeding, because it is civil, not criminal. United States v. $292,888.04, 54 F.3d 564 , 569 (9th Cir. 1995); see Ward v..
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ORDER
JOHN M. GERRARD, District Judge.
This matter is before the Court on correspondence from the claimant, John Anderson, that the Court has filed as a motion for appointment of counsel (filing 58). That motion will be taken under advisement pending submission, by the claimant, of evidence to support his motion.
Anderson has no Sixth Amendment right to counsel in this proceeding, because it is civil, not criminal. United States v. $292,888.04, 54 F.3d 564, 569 (9th Cir. 1995); see Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013); cf. United States v. $141,770.00, 157 F.3d 600, 606-07 (8th Cir. 1998). But the Court may request an attorney to represent any person unable to afford counsel. 28 U.S.C. § 1915(e)(1) (formerly 28 U.S.C. § 1915(d)); see generally Mallard v. U.S. Dist. Ct., 490 U.S. 296 (1989). And an attorney appointed by the Court may be able to receive expenses or attorney fees awarded by the Court pursuant to NEGenR 1.7(g).
But a predicate to such an appointment or award is that the party for whom counsel is appointed be indigent, and at this point the only evidence before the Court on that point is Anderson's unsworn statement from nearly a year ago that he could not afford to retain his attorney. See filing 16. So, before proceeding any further, the Court will direct Anderson to complete Form AO 240, "Application to Proceed in District Court Without Prepaying Fees or Costs," in order to provide the Court with competent evidence that Anderson cannot afford to retain his own counsel. The Court has provided that form to Anderson by email, and attached it to this order, but it is also available on the Court's web page at http://www.ned.uscourts.gov/forms, or at http://www.uscourts.gov/FormsAndFees/Forms/Viewer.aspx?doc=/uscourts/Fo rmsAndFees/Forms/AO240.pdf.
The Court will also delay trial of this matter, and suspend the deadline for objecting to the Magistrate Judge's findings and recommendations (filing 56) regarding Anderson's motion for summary judgment (filing 23), until Anderson's request for appointment of counsel is resolved.
IT IS ORDERED:
1. Anderson shall complete Form AO 240 and file the completed form with the Court on or before July 7, 2014.
2. The Clerk of the Court shall set a case management deadline of July 7, 2014 with the following docket text: Check on Form AO 240.
3. The pretrial conference set for July 1, 2014, and the jury trial set to commence on July 15, 2014, are canceled until further order of the Court.
4. The deadline for objecting to the Magistrate Judge's Findings and Recommendation (filing 56) is terminated until further order of the Court.
