Brown v. County of Fresno, et al.

Filing 11

Order DENYING 8 Request to Appoint Counsel and GRANTING 9 Request for Extension of Time, signed by Magistrate Judge Sandra M. Snyder on 6/11/2015. (Amended Complaint due by 7/17/2015) (Rosales, O)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

FRANKLIN RAY BROWN,

9

Plaintiff,

10
11

v.

CASE NO. 1:14-CV-998 ---SMS
ORDER DENYING REQUEST FOR
APPOINTMENT OF COUNSEL AND
GRANTING REQUEST FOR
EXTENSION OF TIME

COUNTY OF FRESNO,
(Docs. 8 & 9)

12

Defendant.

13
14
15

Plaintiff, proceeding in pro se and in forma pauperis, brings his complaint against the

16

County of Fresno and associated parties for a violation of civil rights under 42 U.S.C. § 1983.

17

Doc. 1. The complaint was dismissed for failure to state a claim with leave to amend. Doc. 5.

18

Plaintiff requested and was granted an extension of time to file a first amended complaint. Docs. 6,

19

7. Plaintiff now requests appointment of counsel (Doc. 8) and an additional extension of time to

20

file a first amended complaint (Doc. 9).

21

In both requests Plaintiff asserts that he suffers a mental health condition which makes it

22

difficult for him to concentrate, and appointment of counsel “would ensure that plaintiff has

23

adequate access to court to adjudicate his claim.” Plaintiff also makes allegations intending to

24

support of his cause of action and demonstrate that he has a colorable claim.

25
26

I.

Request for Appointment of Counsel
Inmates have a fundamental constitutional right of access to the courts, but this right is

27

merely the right to bring to court a grievance the inmate wishes to present, and is limited to direct

28

criminal appeals, habeas petitions, and civil rights actions. Lewis v. Casey, 518 U.S. 343, 346, 354

1

(1996).
“[T]he Sixth Amendment grants an indigent defendant the right to state-appointed counsel

2
3

in a criminal case.” Turner v. Rogers, 131 S. Ct. 2507, 2516 (2011); U.S. Const. amend. VI. It

4

does not govern civil cases. Id. “[T]he Due Process Clause does not expand the right to counsel

5

beyond the boundaries set by the Sixth Amendment.” Id. at 2523 (Thomas, J. dissenting). The Due

6

Process Clause does not automatically require the provision of counsel at civil contempt

7

proceedings even if the indigent individual faces incarceration. Id. at 2520.

8
9

There is no constitutional right to appointed counsel in a civil-rights case. See Palmer v.
Valdez, 560 F.3d 965, 970 (9th Cir. 2009). “However, a court may under ‘exceptional

10

circumstances’ appoint counsel for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1).” Id.

11

“When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the

12

likelihood of success on the merits as well as the ability of the petitioner to articulate his claims

13

pro se in light of the complexity of the legal issues involved.’” Id. (citing Weygandt v. Look, 718

14

F.2d 952, 954 (9th Cir. 1983)).

15

Plaintiff has no constitutional right to appointed counsel in this civil case. After an

16

evaluation of the likelihood of success on the merits and Plaintiff’s ability to articulate his claims

17

pro se in light of the complexity of the legal issues involved, the Court finds that the exceptional

18

circumstances necessary to grant Plaintiff’s request do not exist at this time. Accordingly,

19

Plaintiff’s request for appointment of counsel will be denied.

20
21

II.

Request Extension of Time
Plaintiff requests, in the event that his request for appointment of counsel is denied, “an

22

appropriate time period within which to amend his complaint, commensurate with his knowledge

23

and mental health issues.” Doc. 9 at 2:26-27. Having shown good cause, the Court will grant an

24

additional thirty-day extension. The previous extension allowed Plaintiff until June 17, 2015 to file

25

an amended complaint. Thus, Plaintiff will be permitted until July 17, 2015 to file an amended

26

complaint. Plaintiff is not required to file an amended complaint, but failure to do so will result in

27

dismissal of the action.

28
2

1

III.

2

1. Plaintiff’s request for appointment of counsel is DENIED;

3

2. Plaintiff’s request for an extension of time is GRANTED;

4

3. Plaintiff shall file an amended complaint on or before July 17, 2015; and

5

4. If Plaintiff fails to file an amended complaint in compliance with this order, this action will

6

Order

be dismissed, with prejudice, for failure to state a claim.

7
8
9

IT IS SO ORDERED.
Dated:

June 11, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3