1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 Case No. 3:25-cv-00174-MMD-CLB GEORGIO SER, 5 Plaintiff, ORDER GRANTING APPLICATION 6 v. TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND 7 LELAND DUDEK, DENYING MOTION FOR 8 Commissioner of Social Security, et al., APPOINTMENT OF COUNSEL

9 Defendants. [ECF No. 1-1, 6, 7]

10 11 Plaintiff has filed an application to proceed in forma pauperis (“IFP”) in an action 12 involving judicial review of administrative action by the Secretary of Health and Human 13 Services, denying Plaintiff’s claim for disability benefits under the Social Security Act. In 14 the IFP application, Plaintiff listed minimal income and assets (ECF Nos. 6, 9). 15 For good cause appearing, IT IS ORDERED as follows: 16 (1) Plaintiff’s application to proceed IFP, (ECF No. 6), is GRANTED. Plaintiff is 17 permitted to maintain this action without the necessity of prepayment of fees or costs or 18 the giving of security therefor. 19 (2) The Complaint shall PROCEED with respect to review of the disability benefits 20 claim only, and the Clerk shall FILE the Complaint (ECF No. 1-1). 21 (a) To the extent Plaintiff is attempting to name Sigal Chattah, Paula Lee, 22 or Pamela Bondi as defendants, these defendants are dismissed, and this 23 action will proceed only as to Commissioner of Social Security Leland 24 Dudek. 25 (3) The Clerk shall provide notice of this action to the Commissioner pursuant to 26 Rule 3 of the Supplemental Rules for Social Security. 27 (4) From this point forward, Plaintiff must serve a copy of every pleading or other 1 || appearance has been entered by counsel, upon the attorney. Plaintiff must include with 2 || the original of each document to be filed with the Court a certificate stating that a true 3 || and correct copy of the document was served on the defendant, or counsel, if the 4 || defendant has an attorney. Under Local Rule 5-1 the proof of service must show the day 5 || and manner of service and the name of the person served. The Court may disregard any 6 || paper received which has not been filed with the Clerk, or that fails to include a certificate 7 || of service. 8 (5) Finally, as to Plaintiff's motion for counsel, in civil cases, a self-represented 9 || litigant does not have a constitutional or statutory right to appointed counsel. See 10 || Storseth v. Spellman,

(9th Cir. 1981). In limited circumstances, 11 || courts are empowered to request an attorney to represent an indigent civil litigant. For 12 || example, courts have discretion, pursuant to

(e)(1), to “request” that an 13 || attorney represent indigent civil litigants upon a showing of “exceptional circumstances.” 14 || Ageyman v. Corrections Corp. of America,

, 1103 (9th Cir. 2004). To 15 || determine whether the “exceptional circumstances” necessary for appointment of 16 || counsel are present, courts evaluate (1) the likelihood of plaintiffs success on the merits 17 || and (2) the plaintiff's ability to articulate his claim pro se “in light of the complexity of the 18 || legal issues involved.” /d. (quoting Wilborn v. Escalderon,

(9th Cir. 19 || 1986)). Neither of these factors is dispositive and both must be viewed together. Wi/born, 20 ||

. At this time, the Court does not find that exceptional circumstances 21 || exist that warrant appointment of counsel and therefore Plaintiffs motion for counsel, 22 || (ECF No. 7), is DENIED. 23 IT IS SO ORDERED. 24 DATED: May 5, 2025 25 .

26 UNITED STATES\MAGISTRATE JUDGE 28