IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CINDY LOU MCKINLEY,

No. 3:14-cv-01931-HZ

Plaintiff,

OPINION & ORDER

v.

SLOAN D. GIBSON, Deputy Secretary of 

Veterans Affairs, MD ANNETTE MARIE 

MATTHEWS, Staff Psychiatrist, Portland VA 

Medical Center, MD ERICK HOWARD 

TURNER, Staff Psychiatrist, PVAMC, CAROL 

SUZANNE UTTERBERG, PMHNP, Medication 

Mgmt Nurse Practitioner, PVAMC, ROBERT A. 

TELL, LCSW, Manager, Outpatient Mental Health 

Clinic, PVAMC, LORRAINE TIFFANY ANGER,

RN, Emergency Department RN, PVAMC, DANIEL 

SPINAS, Portland VA Police Officer, ADDITONAL 

PORTLAND VA POLICE OFFICERS, and 

UNITED STATES GOVERNMENT,

Defendants.

Cindy Lou McKinley

21401 NE Sandy Blvd, Site #124

Fairview, OR 97024

Pro Se Plaintiff

1 - OPINION & ORDER

Case 3:14-cv-01931-HZ Document 9 Filed 12/23/14 Page 1 of 3
HERNÁNDEZ, District Judge:

Plaintiff brings several claims, including medical malpractice under the Federal Tort 

Claims Act, claim under the False Claims Act, disability discrimination under the ADA, 

violation of her civil rights, and violation of her privacy rights. Before the court is Plaintiff’s 

motion for appointment of pro bono counsel [3]. I deny the motion for pro bono counsel because 

Plaintiff has not shown exceptional circumstances to warrant the appointment of counsel.

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, pursuant to 28 U.S.C. § 

1915(e)(1), this Court has discretion to request volunteer counsel for indigent plaintiffs in 

exceptional circumstances. Id. “The decision to appoint such counsel is within the sound 

discretion of the trial court and is granted only in exceptional circumstances.” Agyeman v. 

Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (internal quotation omitted). To 

determine if exceptional circumstances exist, the court evaluates the likelihood of plaintiff’s 

success on the merits and “plaintiff’s ability to articulate his claims in light of the legal issues 

involved.” Id. (internal quotation omitted), cert. denied, 545 U.S. 1128 (2005). 

Plaintiff applied for in forma pauperis status, but the motion was denied because Plaintiff 

did not qualify for such status. Dec. 15, 2014 Order [6]. Plaintiff attests that she called six law 

firms, but that none were willing to take her case on a contingency basis. Plaintiff has not 

established that her efforts to obtain legal counsel have been unsuccessful due to her financial 

situation. Plaintiff is also able to communicate in a manner understood by the court. The 

circumstances at this time do not warrant seeking volunteer counsel to accept a pro bono 

appointment. Plaintiff’s motion for appointment of counsel [3] is therefore denied.

/ / /

2 - OPINION & ORDER

Case 3:14-cv-01931-HZ Document 9 Filed 12/23/14 Page 2 of 3
CONCLUSION

Based on the foregoing, Plaintiff’s motion for appointment of pro bono counsel [3] is 

denied. 

IT IS SO ORDERED.

Dated this day of _____________________, 201__.

 

MARCO A. HERNÁNDEZ

United States District Judge

3 - OPINION & ORDER

Case 3:14-cv-01931-HZ Document 9 Filed 12/23/14 Page 3 of 3