Amerra Portee v. Mr. Fernando Owner of Little Caesars et al - Motion for Representation Denied
Summary
Magistrate Judge denied plaintiff Amerra Portee's Motion for Representation (Doc. 8), finding no exceptional circumstances warranting court-appointed counsel under 28 U.S.C. § 1915(e)(1). The ruling, dated March 27, 2026 in case No. CV-26-14-GF-JTJ, applies the Ninth Circuit standard requiring evaluation of both likelihood of success on the merits and the litigant's ability to articulate claims pro se.
“IT IS ORDERED that Portee's Motion for Representation (Doc. 8) is DENIED.”
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What changed
The court denied plaintiff's Motion for Representation filed March 23, 2026, applying the exceptional circumstances test established in Terrell v. Brewer, 935 F.2d 1015 (9th Cir. 1991), which requires evaluation of likelihood of success on the merits and the litigant's ability to articulate claims pro se in light of legal complexity.
The ruling is a routine procedural order that does not create compliance obligations for any regulated industry. It is binding only on the parties to this case and has no precedential effect beyond standard application of the in forma pauperis counsel provision.
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Apr 26, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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March 27, 2026 Get Citation Alerts Download PDF Add Note
Amerra Portee v. Mr. Fernando, Owner of Little Caesars; Mr. Darryl, Manager of Little Caesars
District Court, D. Montana
- Citations: None known
- Docket Number: 4:26-cv-00014
Precedential Status: Unknown Status
Trial Court Document
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
AMERRA PORTEE,
No. CV-26-14-GF-JTJ
Plaintiff,
v.
ORDER
MR. FERNANDO, OWNER OF
LITTLE CAESARS;
MR. DARRYL, MANAGER OF
LITTLE CEASARS
Defendants.
On March 23, 2026, Plaintiff Amerra Portee (“Portee”) filed a Motion for
Representation. (Doc. 8).
Civil litigants do not have a Sixth Amendment right to appointed counsel.
Campbell v. Burt, 141 F.3d 927, 931 (9th Cir. 1998) (citing Storseth v. Spellman, 654
F.2d 1349, 1353 (9th Cir. 1981)). In limited circumstances, the Court “may request an
attorney to represent any person unable to afford counsel.” 28 U.S.C. § 1915 (e)(1). To
warrant appointment of counsel under § 1915(e)(1), there must be a showing of
“exceptional circumstances,” which “requires an evaluation of both the likelihood of
success on the merits and the ability of the [litigant] to articulate [her] claims pro se in
light of the complexity of the legal issues involved.” Terrell v. Brewer, 935 F.2d 1015,
1017 (9th Cir. 1991) (internal citations omitted). The Court finds Portee has not
demonstrated exceptional circumstances warranting appointment of counsel.
Accordingly,
IT IS ORDERED that Portee’s Motion for Representation (Doc. 8) is DENIED.
DATED this 27th day of March 2026.
a Sota Tohnston =
United States Magistrate Judge
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