Quezada v. Hedgpeth et al

Filing 86

ORDER DENYING 52 , 53 , 54 , 55 , 56 , 57 , 59 , 64 and 66 Plaintiff's Motions to Compel and Miscellaneous Discovery Motions and Request; ORDER DENYING 58 , 63 Motions for Appointment of Counsel; ORDER DENYING AS MOOT 65 Plaintif f's Request for Ruling; ORDER DENYING AS MOOT 70 , 73 , 74 Plaintiff's Requests for Extensions; ORDER DENYING AS PREMATURE, with leave to renew pursuant to Court Order 71 , 72 Motions in Limine; ORDER GRANTING 75 Request to exceed page limitations; ORDER GRANTING 81 Motion to Supplement the Response in Opposition, signed by District Judge Frank R. Zapata on 03/30/2012. (Martin-Gill, S)]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Alvaro Quezada,

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Plaintiff,

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vs.

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A. Hedgpeth, et al.,

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Defendants.

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No. CV 1-08-1404-FRZ
ORDER

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Reflected as pending in this matter are 19 motions filed by Plaintiff and Defendants’

17 Motion for Summary Judgment.
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Nine of the 19 motions filed by Plaintiff are discovery motions to either compel

19 evidence or request information in preparation for trial. In light of the pending motion for
20 summary judgment, to which Plaintiff has filed a response in opposition, these motions will
21 be denied at this time. The Court finds no basis upon which to grant Plaintiff’s motions to
22 compel.
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Three motions request extensions of time to oppose the Defendants’ motion for

24 summary judgment, which will also be denied as moot in light of Plaintiff having filed his
25 response in opposition.
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Also pending are renewed motions for appointment of counsel.

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In regard to Plaintiff’s renewed motions for appointment of counsel, the Court again

28 finds that Plaintiff is able to articulate his claims on the issues presented and his assertions

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fail to establish the existence of the requisite exceptional circumstances for appointment of

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counsel. Again, this is evidenced by the numerous filings in this case and Plaintiff’s

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experience from the other actions he has filed. As the Court previously explained, counsel

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will only be appointed in a civil rights action in which there exists “exceptional

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circumstances.” Agyeman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9 Cir. th

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2004); Terrell v.Brewer, 935 F.3d 1015, 1017 (9 Cir. 1991); Wilborn v. Escalderon, th 789

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F.2d 1328, 1331 (9th Cir. 1986). “A finding of the exceptional circumstances of the plaintiff

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seeking assistance requires at least an evaluation of the likelihood of the plaintiff’s success

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on the merits and an evaluation of the plaintiff’s ability to articulate his claims ‘in light of

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the complexity of the legal issues involved.’” Agyeman, 390 F.3d at 1103 (citing Wilborn,

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789 F.2d at 1331 (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). Absent

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these requisite exceptional circumstances, Plaintiff’s motions for appointment of counsel

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shall be denied.

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Based on the foregoing,

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IT IS ORDERED that Plaintiff’s Motions to Compel and miscellaneous discovery

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motions and requests (Docs. 52, 53, 54, 55, 56, 57, 59, 64 and 66) are DENIED in

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accordance with this Order;

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IT IS FURTHER ORDERED that Plaintiff’s Motions for Appointment of Counsel
(Docs. 58, 63) are DENIED;
IT IS FURTHER ORDERED, in light of this ruling, that Plaintiff’s request for ruling
(Doc. 65) is DENIED as moot;

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IT IS FURTHER ORDERED, based on Plaintiff having filed a response in opposition

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to the Defendants’ Motion for Summary Judgment, that Plaintiff’s requests for extensions

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(Docs. 70, 73 and 74) are DENIED as moot;

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IT IS FURTHER ORDERED that the Motions in Limine (Docs. 71 and 72) are
DENIED as premature, with leave to renew pursuant to Court Order;
IT IS FURTHER ORDERED that Plaintiff’s unopposed request to exceed page
limitations (Doc. 75) is GRANTED;
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IT IS FURTHER ORDERED that Plaintiff’s request, treated as a motion to
supplement the response in opposition (Doc. 81) is GRANTED.

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DATED this 30th day of March, 2012.

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