Mehmood v. U.S. Marshals Service et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/12/15 ORDERING that Plaintiffs motion to amend relief 10 is denied; Plaintiffs motion to appoint counsel 11 is denied; and within thirty days from the date of this order, plaintiff may file a Second Amended Complaint. (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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YASIR MEHMOOD,
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No. 2:14-cv-2075 CKD P
Plaintiff,
v.
ORDER
U.S. MARSHALS SERVICE et al.,
Defendants.
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Plaintiff, a federal pretrial detainee, was recently transferred from the Sacramento County
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Main Jail to the Wayne Brown Correctional Facility in Nevada City, California. Prior to his
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transfer, the court ordered service of plaintiff’s First Amended Complaint (FAC) on two
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Sacramento jail officials, Andris and Toliver. (ECF No. 9.) Both are sued in their official
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capacity for injunctive relief only. (See id.)
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Plaintiff has filed a motion to “amend the relief” sought in the FAC. (ECF No. 10.) In
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addition to injunctive relief, he would like to seek compensatory damages for the weight loss and
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“mental and emotional injuries” he suffered as a result of his jail-provided diet. (Id.) In fact, as a
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result of his transfer, his request for injunctive relief against Andris and Toliver is moot.
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Generally, when an inmate seeks injunctive or declaratory relief concerning the prison where he
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is incarcerated, his claims for such relief become moot when he is no longer subjected to those
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conditions. Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001); Dilley v. Gunn, 64 F.3d 1365,
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1368 (9th Cir.1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991).
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Under Local Rule 220, plaintiff cannot amend the FAC by simply “tacking on” a new type
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of relief. Thus the court will deny plaintiff’s motion. However, given his changed circumstances,
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he may file an amended complaint for screening.
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Plaintiff has also requested the appointment of counsel. The United States Supreme
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Court has ruled that district courts lack authority to require counsel to represent indigent prisoners
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in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain
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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to
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28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.
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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find
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the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will
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therefore be denied.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion to amend relief (ECF No. 10) is denied;
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2. Plaintiff’s motion to appoint counsel (ECF No. 11) is denied; and
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3. Within thirty days from the date of this order, plaintiff may file a Second Amended
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Complaint.
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Dated: March 12, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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