Eldridge #147718 v. Schroeder

Filing 35

ORDER - Plaintiff's appeal of the Magistrate Judge's April 23, 2015 order is denied. See document for details. Signed by Judge David G Campbell on 06/29/15. (ATD)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Joseph Gerald Eldridge,
Plaintiff,

10
11

ORDER

v.

12

No. CV-14-01325-PHX-DGC

JD Schroeder,

13

Defendant.

14
15

Plaintiff Joseph Eldridge is currently confined at the Arizona State Prison

16

Complex-Lewis in Buckeye, Arizona. On June 13, 2014, he filed a pro se civil rights

17

complaint against Defendant JD Schroeder. The matter was referred to Magistrate Judge

18

Eileen Willett. Several months later, Eldridge filed a motion for court-appointed counsel.

19

Doc. 24.

20

Doc. 28. Eldridge has filed a timely appeal of the order. Doc. 30.

On April 23, the Magistrate Judge issued an order denying the motion.

21

Courts may only disturb an order of a magistrate judge if the decision is “clearly

22

erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). “The reviewing court may not

23

simply substitute its judgment for that of the deciding court.” Grimes v. City & Cnty. of

24

San Francisco, 951 F.2d 236, 241 (9th Cir. 1991).

25

The Court finds no clear error. There is no constitutional right to appointment of

26

counsel in a civil case. See Johnson v. U.S. Dep’t of Treasury, 939 F.2d 820, 824 (9th

27

Cir. 1991).

28

“exceptional circumstances” that would lead the Court to conclude otherwise. Doc. 28 at

And as the Magistrate Judge noted, Eldridge failed to demonstrate

1

2.

2

receiving documents, and that the new facility at which he is currently housed does not

3

have a law library. Doc. 30 at 1-2. But as the Magistrate Judge noted in her order,

4

Eldridge has successfully managed his case up to this point. Doc. 28 at 2. And he has

5

failed to demonstrate a likelihood of success on the merits or that he is experiencing

6

difficulty with complex issues in this case. He raises no such arguments now, and thus

7

the Court will affirm the decision of the Magistrate Judge.

8
9
10

Eldridge asserts he will face difficulty conducting depositions, requesting and

IT IS ORDERED that Plaintiff’s appeal of the Magistrate Judge’s April 23, 2015
order is denied.
Dated this 29th day of June, 2015.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-