Anderson v. California Medical Facility - Solano

Filing 17

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/16 ORDERING that plaintiff's request for the appointment of counsel (ECF No. 16 ) is DENIED. Plaintiffs May 6, 2016 supplemental pleading (ECF No. 15 ) is STRICKEN. Plaintiff is granted 30 days within which to file a motion seeking leave to file an amended complaint. Plaintiff must provide a copy of the proposed amended complaint with his motion.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS ANDERSON,

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Plaintiff,
v.

ORDER

CALIFORNIA MEDICAL FACILITY,
SOLANO, et al.,
Defendants.

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No. 2:16-cv-0018 TLN CKD P

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has requested

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appointment of counsel. The court cannot require an attorney to represent a plaintiff who cannot

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pay for the attorney’s services. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989).

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However, under the federal in forma pauperis statute, 28 U.S.C. § 1915, the court may request

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that an attorney represent a person unable to afford counsel. 28 U.S.C. § 1915(e)(1). The court

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will make that request only when there are exceptional circumstances. When determining

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whether “exceptional circumstances” exist, the court considers, among other things, plaintiff's

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

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se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970

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(9th Cir. 2009). While the court is aware of the difficulties attendant to litigating an action while

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incarcerated, circumstances common to most prisoners do not establish “exceptional

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circumstances.”
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In the present case, the court does not find the required exceptional circumstances at this

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stage of these proceedings. Plaintiff’s request for the appointment of counsel will therefore be

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denied.

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Plaintiff has also filed a supplemental pleading. However, Local Rule 220 requires that

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any pleading filed in this court be complete in itself without reference to any prior pleading.

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Accordingly, plaintiff’s supplemental pleading will be stricken. If plaintiff wishes to file a

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motion seeking leave to file an amended complaint, he shall do so within 30 days. Plaintiff must

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include a copy of his proposed amended complaint with his motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for the appointment of counsel (ECF No. 16) is denied.

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2. Plaintiff’s May 6, 2016 supplemental pleading (ECF No. 15) is stricken.

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3. Plaintiff is granted 30 days within which to file a motion seeking leave to file an

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amended complaint. Plaintiff must provide a copy of the proposed amended complaint with his

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motion.

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Dated: May 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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