(PC) Baltierra v. Warden - North Kern State Prison

Filing 16

ORDER DENYING 15 Motion for Appointment of Counsel and GRANTING Request for Case Status, signed by Magistrate Judge Helena M. Barch-Kuchta on 9/15/2022. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES BALTIERRA,

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Plaintiff,
v.
WARDEN NORTH KERN STATE
PRISON, JOHN DOE,

Case No. 1:21-cv-01723-ADA-HBK (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AND
GRANTING REQUEST FOR CASE STATUS
(Doc. No. 15)

Defendants.

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Pending before the Court is Plaintiff’s motion requesting appointment of counsel and a

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case status. (Doc. No. 15). Plaintiff, a prisoner, is proceeding pro se and in forma pauperis on

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his initial complaint filed under 42 U.S.C. § 1983. (Doc. Nos. 1, 10).

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The Court has previously denied Plaintiff appointment of counsel on April 6, 2022. (Doc.

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No. 12). As previously explained in the April 6, 2022 order, the United States Constitution does

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not require appointment of counsel in civil cases. See Lewis v. Casey, 518 U.S. 343, 354 (1996)

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(explaining Bounds v. Smith, 430 U.S. at 817, did not create a right to appointment of counsel in

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civil cases). Under 28 U.S.C. § 1915, this court has discretionary authority to appoint counsel for

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an indigent to commence, prosecute, or defend a civil action. See 28 U.S.C. § 1915(e)(1) (stating

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the court has authority to appoint counsel for people unable to afford counsel); see also United

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States v. McQuade, 519 F.2d 1180 (9th Cir. 1978) (addressing relevant standard of review for

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motions to appoint counsel in civil cases) (other citations omitted). However, motions to appoint

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counsel in civil cases are granted only in “exceptional circumstances.” Id. at 1181. The court

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may consider many factors to determine if exceptional circumstances warrant appointment of

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counsel including, but not limited to, proof of indigence, the likelihood of success on the merits,

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and the ability of the plaintiff to articulate his or her claims pro se in light of the complexity of

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the legal issues involved. Id.; see also Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997),

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withdrawn in part on other grounds on reh’g en banc, 154 F.2d 952 (9th Cir. 1998).

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Plaintiff has not met his “burden of demonstrating exceptional circumstances.” Jones v.
Chen, 2014 WL 12684497, at *1 (E.D. Cal. Jan. 14, 2014). Plaintiff explains that his movement

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at Pelican Bay State Prison is restricted at times, and he may not always have access to the law

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library. (Doc. No. 15 at 2). However, “[p]risoners have a right to meaningful access to the

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courts, but there is no absolute right to use a prison law library.” Springfield v. Khalit, 2018 WL

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5980155, at *3 (E.D. Cal. Nov. 14, 2018) (citing Lewis v. Casey, 518 U.S. 343, 346 (1996)).

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Plaintiff also appears to argue that the Court should appoint him counsel because he has limited

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legal knowledge. (Doc. No. 15 at 2-3). While the Court is sympathetic that Plaintiff is not an

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attorney and does not have the same legal education as an attorney, he is experiencing the same

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challenges faced by pro se litigants and such normal challenges do not warrant the appointment of

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counsel. Siglar v. Hopkins, 822 F. App'x 610, 612 (9th Cir. 2020) (denying appointment of

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counsel because the plaintiff’s “circumstances were not exceptionally different from the majority

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of the challenges faced by pro se litigants.”).

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While this case is early in its procedural posture, Plaintiff has capably filed motions and a

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complaint. Plaintiff has not showed exceptional circumstances warrant appointment of counsel at

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this stage of the proceedings. Should this case progress and plaintiff’s circumstances change so

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that he is able to demonstrate exceptional circumstances, he may renew his motion for

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appointment at counsel at that time.

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As Plaintiff recognizes in his Motion, this Court has “one of the heaviest caseloads in the

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nation,” and due to unfilled judicial vacancies, which is further exacerbated by the Covid-19

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pandemic, operates under a declared judicial emergency. See Amended Standing Order in Light
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of Ongoing Judicial Emergency in the Eastern District of California. The Court endeavors to

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handle all cases that come before it as expeditiously as possible. A screening order on Plaintiff’s

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complaint will be issued in due course.

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Accordingly, it is ORDERED:

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1. Plaintiff’s motion for appointment of counsel (Doc. No. 15) is DENIED.

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2. Plaintiff’s motion for case status (Doc. No. 15) is GRANTED to the extent that the

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Court will screen the complaint in due course.

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Dated:

September 15, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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