motion for counsel
DESCRIPTION
This is my original submission to motion for counselTRANSCRIPT
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Hiawatha Hoeft-RossMonica Hoeft-RossMartin Hoeft-RossKirsten Hoeft-RossP.O. Box 6946Reno, NV 89513(775)544-2721
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
*****
Hiawatha Hoeft-Ross et al.,Appellate Case No: 07-17369
Plaintiff- Appellants D.C. No. CV-N-05-0121-LRH(VPC)
vs
Werner Hoeft et al.
Defendant - Appellees_______________________________/
MOTION FOR APPOINTED COUNSEL
COMES NOW Hiawatha Hoeft-Ross and respectfully asks this court for
appointment of counsel.
Plaintiffs are In Pro Se and have been searching for a pro-bono attorney from
Texas to California, and have not found one. Plaintiffs cannot afford an attorney
based on their indigence lodged with this court, Form 4. Hiawatha Hoeft-Ross is
chronically ill individual (see exhibit “1"attached hereto). The argument of excusable
neglect went no where with the district court, despite the fact that pursuant to Pioneer
Investment Services v. Brunswick Associates Limited Partnership et. al. 507 U.S.
380: 113 S.Ct. 1489; 123 L. Ed 2d 74;1993 U.S. LEXIS 2402; 61 U.S.L.W. 4263; 25
Fed R.Serv. 3d (Callaghan) 401; Bankr. L. Rep. (CCH) P75, 157A; 28 Collier
Bankr.Cas. 2d (MB) 267;24 Bankr Ct Dec.63; 93 Cal Daily Op Service 2096; 93
DAR 3705; 7 FLA L. Weekly Fed. S 101 and TCI Group Life v. Knoebber, 244 F.3d
691, 2001 App. Lexis 8583; 49 Fed. R. Serv. 3d (Callaghan)140; 2001 Cal Daily Op.
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Service 2376; 2001 Daily Journal DAR 3015, as well as their companion cases state
that a counsel’s or clients mental or physical illness is common grounds to set aside
or vacate judgement was totally ignored by the district court, and the fact that
Hiawatha Hoeft-Ross can fall ill at any given time and be unable to participate within
the deadlines given by this appellate court. Hiawatha Hoeft-Ross does not want to
delay the legal process anymore than he has to and without legal counsel this is likely
to be impossible.
Judicial costs are dear to this Court and other courts, and he does not seek to
waste the Court’s time for an ailment that may go on for an indefinite period of time,
as was the situation with the district court.
In the past, the friends that were helping him deliver the motions to the court
during his illness have either moved or passed on, and filings by him to maintain
timeliness are nearly impossible.
Plaintiff Hiawatha Hoeft-Ross needs appointment of counsel to maintain
judicial economy and avoid estoppel due to untimeliness or have to file endless 60(b)
motions which I am sure the Court will grow wary of, and wishes to resolve the
matter as soon as possible within the time schedule issued by the court. T h i s
motion is not interposed for delay.
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WHEREFORE for good cause shown plaintiff Hiawatha Hoeft-Ross respectfully
requests this court to appoint him counsel because of indigence and in the interest of
judicial economy and for reasons of his chronic health condition.
Respectfully submitted;
__________________
Hiawatha Hoeft-Ross
DATED:
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PROOF OF SERVICE BY MAIL
I, Monica Hoeft -Ross do hereby certify that I served the following counsel Michael
Kealy with a Motion for Appointed Counsel at the following address:
Michael Kealy50 West Liberty Street Suite # 750Reno, NV 89501
________________Monica Hoeft-Ross
DATED: