Crossley v. Niazi et al

Filing 66

ORDER signed by District Judge Troy L. Nunley on 11/25/2014 GRANTING 65 Motion for Reconsideration. This matter is REFERRED to the Eastern District of California ADR and Pro Bono Program for counsel to be appointed. (cc: ADR) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT CROSSLEY.,

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No. 2:12-cv-2180 TLN CKD PS

Plaintiff,
ORDER GRANTING PLAINTIFF’S
MOTION TO RECONSIDER

v.
ABE NIAZI,

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Defendant.

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This matter is before the Court pursuant to Plaintiff Lamont Crossley’s (“Plaintiff”)

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Motion to Reconsider Magistrate Judge Delaney’s Order Denying Plaintiff’s Request for

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Appointed Counsel (ECF No. 65). Plaintiff, proceeding pro se, commenced this action on August

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21, 2012, pursuant to 42 U.S.C. § 1983. On November 3, 2014, he filed a motion requesting the

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appointment of counsel. Magistrate Judge Delaney denied his motion on November 6, 2014.

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(See Order, ECF No. 64.) Plaintiff has moved this Court to reconsider Plaintiff’s request for

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appointed counsel.

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The Court may appoint counsel under 28 U.S.C. §1915(e) if the Court finds “the

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likelihood of success on the merits” and “the ability of the petitioner to articulate his claims pro se

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in light of the complexity of the legal issues involved” weigh in favor of doing so. Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). Plaintiff’s claims have already survived summary
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judgment. Therefore, the Court finds that Plaintiff has shown a likelihood of success on the

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merits. Furthermore, the crux of Plaintiff’s claims is that Defendants violated his rights under the

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Eighth Amendment by acting with deliberate indifference to post-operative complications he

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suffered following surgery on his right hand. Thus, this case involves complex medical issues

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involving Plaintiff’s surgery and post-operative care.

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The Court finds that these factors weigh in favor of granting Plaintiff’s motion and thus

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GRANTS Plaintiff’s Motion for Reconsideration. As such, this matter is referred to the Eastern

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District of California ADR and Pro Bono Program for counsel to be appointed.

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IT IS SO ORDERED.

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Dated: November 25, 2014

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Troy L. Nunley
United States District Judge

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