(PC) Jordan v. Norris, et al.
Filing
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ORDER DENYING 105 Plaintiff's Motion for Reconsideration of the Court's Order Denying Appointment of Counsel, signed by District Judge Jennifer L. Thurston on 03/28/2024. (Maldonado, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LAMAR JORDAN,
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Plaintiff,
v.
O. NORRIS, et al.,
Defendants.
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Case No.: 1:20-cv-0467 JLT EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION OF THE COURT’S ORDER
DENYING APPOINTMENT OF COUNSEL
(Doc. 105)
Lamar Jordan is a state prisoner proceeding pro se in this civil rights action, in which he seeks
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to hold Drs. Napoles and Anunciacion liable for deliberate indifference to Plaintiff’s serious medical
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needs. The matter is set for trial on May 21, 2014. (Doc. 111.) Plaintiff moved for appointment of
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counsel in this action, and the magistrate judge denied the motion on February 1, 2024. (Doc. 103.).
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Plaintiff now seeks reconsideration of the order denying appointment of counsel. (Doc. 105.)
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Defendants oppose the motion. (Doc. 110.)
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Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, “[o]n motion and just terms, the
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court may relieve a party ... from a final judgment, order, or proceeding for the following reasons: (1)
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mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence ... (3) fraud ...; (4)
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the judgment is void; (5) the judgment has been satisfied, released or discharged; ... or (6) any other
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reason that justifies relief.” Fed. R. Civ. Proc. 60(b). Where none of these factors is present the motion
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is properly denied. Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir.1991). The Ninth Circuit
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explained: “A motion for reconsideration should not be granted, absent highly unusual circumstances,
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unless the district court is presented with newly discovered evidence, committed clear error, or if there
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is an intervening change in the controlling law,” and it “may not be used to raise arguments or present
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evidence for the first time when they could reasonably have been raised earlier in the litigation.”
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Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir.2009) (internal
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quotations marks and citations omitted) (emphasis in original).
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Plaintiff now asserts that appointment of “counsel is warranted because his previous medical
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condition of Seizure Disorder has left him with a speech impediment that interferes with the proper
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articulation of speech.” (Doc. 105 at 2.) Plaintiff contends the “condition makes it difficult to speak
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normally thus making it difficult to adequately articulate his claims to a jury.” (Id.) In addition,
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Plaintiff contends he suffers from “TMJ Syndrome that is a result from [his] surgery,” which relates to
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this action. (Id.) He asserts that he is “dealing with chronic pain, and he has a constant Ear Ache.”
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(Id.) Finally, Plaintiff reports that he “has minimal knowledge of the law” and had received assistance
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from another inmate, who is no longer able to assist him. (Id.; see also id. at 3.)
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Although Plaintiff asserts he received the assistance from another inmate, it is unclear the extent
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to which he received assistance in this matter. Notably, “[c]ircumstances common to most prisoners,
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such as lack of legal education and limited law library access, do not establish exceptional
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circumstances that would warrant a request for voluntary assistance of counsel.” Julian v. Valley State
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Prison, 2023 WL 2918318, at *2 (E.D. Cal. Apr. 12, 2023).
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Furthermore, Plaintiff did not exhibit difficulty with oral communications during the pretrial
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conference on March 18, 2024. The Court was able to understand Plaintiff’s responses to questions
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without any difficulty. Though the Court is sympathetic to Plaintiff’s reports of pain, his pain alone
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does not support the appointment of counsel. A plaintiff who exhibits an ability to communicate is
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typically not entitled to appointment of counsel, regardless of health problems. See, e.g., Palmer v.
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Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (holding an inmate with post-surgery pain was not entitled
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to appointment of counsel due to good organization and clear presentation of case at trial); Warren v.
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Harrison, 244 Fed. Appx. 831, 832 (9th Cir. 2007) (holding an inmate alleging mental illness did not
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qualify for appointment of counsel due to competent presentation of claims); Julian, 2023 WL
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2918318, at *2 (finding exceptional circumstances did not support appointment of counsel where the
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plaintiff reported “his current medical conditions cause[] him pain”).
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Plaintiff fails to identify new evidence of exceptional circumstances warranting appointment,
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clear error by the Court, or an intervening change in the law warranting reconsideration of the Court’s
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order. Accordingly, Plaintiff’s motion for reconsideration (Doc. 105) is DENIED.
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IT IS SO ORDERED.
Dated:
March 28, 2024
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