Motion For Counsel

1 Hiawatha Hoeft-Ross Monica Hoeft-Ross 2 Martin Hoeft-Ross Kirsten Hoeft-Ross 3 P.O. Box 6946 Reno, NV 89513 4 (775)544-2721 5

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT *****

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Hiawatha Hoeft-Ross et al.,

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Appellate Case No: 07-17369

Plaintiff- Appellants

D.C. No. CV-N-05-0121-LRH(VPC)

vs

12 Werner Hoeft et al. 13 14 15 16

Defendant - Appellees _______________________________/ MOTION FOR APPOINTED COUNSEL COMES NOW Hiawatha Hoeft-Ross and respectfully asks this court for

17 appointment of counsel. 18

Plaintiffs are In Pro Se and have been searching for a pro-bono attorney from

19 Texas to California, and have not found one. Plaintiffs cannot afford an attorney 20 based on their indigence lodged with this court, Form 4. Hiawatha Hoeft-Ross is 21 chronically ill individual (see exhibit “1"attached hereto). The argument of excusable 22 neglect went no where with the district court, despite the fact that pursuant to Pioneer 23 Investment Services v. Brunswick Associates Limited Partnership et. al. 507 U.S. 24 380: 113 S.Ct. 1489; 123 L. Ed 2d 74;1993 U.S. LEXIS 2402; 61 U.S.L.W. 4263; 25 25 Fed R.Serv. 3d (Callaghan) 401; Bankr. L. Rep. (CCH) P75, 157A; 28 Collier 26 Bankr.Cas. 2d (MB) 267;24 Bankr Ct Dec.63; 93 Cal Daily Op Service 2096; 93 27 DAR 3705; 7 FLA L. Weekly Fed. S 101 and TCI Group Life v. Knoebber, 244 F.3d 28 691, 2001 App. Lexis 8583; 49 Fed. R. Serv. 3d (Callaghan)140; 2001 Cal Daily Op. Page 1 of 4

1 Service 2376; 2001 Daily Journal DAR 3015, as well as their companion cases state 2 that a counsel’s or clients mental or physical illness is common grounds to set aside 3 or vacate judgement was totally ignored by the district court, and the fact that 4 Hiawatha Hoeft-Ross can fall ill at any given time and be unable to participate within 5 the deadlines given by this appellate court. Hiawatha Hoeft-Ross does not want to 6 delay the legal process anymore than he has to and without legal counsel this is likely 7 to be impossible. 8

Judicial costs are dear to this Court and other courts, and he does not seek to

9 waste the Court’s time for an ailment that may go on for an indefinite period of time, 10 as was the situation with the district court. 11 12 13

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.

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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. motion is not interposed for delay.

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This

1 WHEREFORE for good cause shown plaintiff Hiawatha Hoeft-Ross respectfully 2 requests this court to appoint him counsel because of indigence and in the interest of 3 judicial economy and for reasons of his chronic health condition. 4 5

Respectfully submitted;

6 7 8 __________________ 9 Hiawatha Hoeft-Ross 10 DATED: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 4

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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:

5 6 7 Michael Kealy 50 West Liberty Street Suite # 750 8 Reno, NV 89501 9 10

________________ 11 Monica Hoeft-Ross 12 DATED: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 4