Unpublished Disposition, 868 F.2d 1272 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 868 F.2d 1272 (9th Cir. 1989)

Burnell Lee EVERETT, Plaintiff-Appellant,v.UNITED STATES GENERAL SERVICES ADMINISTRATION, Gerald P.Carmen, Immigration & Naturalization Service, Allan C.Nelson, Donald J. Devine, Raymond E. Donovan, ClarenceThomas, Herbert E. Ellingwood, William F. Smith, Ronald W.Houghton, Daniel Jaimez, Defendants-Appellees.

No. 86-6346.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 6, 1989.* Decided Feb. 8, 1989.

Before WALLACE, FARRIS, and BEEZER, Circuit Judges.


Everett appeals from the order of the district court denying him appointment of counsel. We affirm.

Everett requested appointment of counsel pursuant to 42 U.S.C. § 2000e-5(f) (1). We test the denial for an abuse of discretion, Baker v. McNeil Island Corrections Center, 859 F.2d 124, 129 (9th Cir. 1988), based upon three factors: "(1) the plaintiff's financial resources, (2) the efforts made by the plaintiff to secure counsel, and (3) whether the plaintiff's claim has merit." Bradshaw v. Zoological Society of San Diego, 662 F.2d 1301, 1318 (9th Cir. 1981).

In his moving papers, Everett did not mention his financial resources. His moving papers show he contacted only one lawyer. Finally, his claim in his second amended complaint is marginal. Under these circumstances, we conclude the district judge did not abuse his discretion.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4