(PS) Williams v. State of CA Workers Compensation Appeals Board et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 8/2/2022 DENYING 11 Motion to Appoint Counsel, and DENYING 10 Request to cancel the initial scheduling conference. The Initial Scheduling Conference is RESET for 9/28/2022 at 10:00 AM, by ZOOM before Magistrate Judge Allison Claire. (Reader, L) (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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APRIL PREMO WILLIAMS,
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No. 2:22-cv-00302-KJM-AC
Plaintiff,
v.
ORDER
STATE OF CALIFORNIA WORKERS
COMPENSATION BOARD, et al.,
Defendants.
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The court is in receipt of plaintiff’s motion to appoint counsel. ECF No. 11. The court is
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also in receipt of plaintiff’s request to cancel the initial status conference currently set for August
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24, 2022. ECF No. 10.
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I.
Motion
Both plaintiff’s motion to appoint council and her request to cancel the status conference
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are based on her assertion that she has various communication and information retention
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disabilities. ECF Nos. 10 and 11. Plaintiff asserts she cannot use Zoom. ECF No. 10 at 1.
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II.
Analysis
In civil cases, a pro se litigant’s right to counsel “is a privilege and not a right.” United
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States ex Rel. Gardner v. Madden, 352 F.2d 792, 793 (9th Cir. 1965) (citation omitted).
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“Appointment of counsel should be allowed only in exceptional cases.” Id. When determining
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whether “exceptional circumstances” exist, the court must consider the likelihood of success on
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the merits as well as the ability of the plaintiff to articulate her claims pro se in light of the
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complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).
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Having considered the relevant factors, the court finds there are no exceptional
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circumstances in this case, and that appointment of counsel is not warranted at this time.
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Plaintiff’s case is not overly complex, and she has shown herself capable of making filings with
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the court. Appointment of counsel therefore is not appropriate.
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As to plaintiff’s request that the scheduling conference be cancelled, the court will
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accommodate plaintiff insofar as it will push back the hearing to September 28, 2022 in order to
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give plaintiff additional time to prepare. The court will provide a call-in number so that plaintiff
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does not have to use the videoconference function of Zoom but can appear telephonically. If
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plaintiff prefers, she may make a request for an in-person hearing. The conference will not be
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cancelled because it is necessary to set case deadlines. Also, the conference is plaintiff’s
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opportunity to ask questions and for the court to explain the litigation process.
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Plaintiff expresses concerns that she is not currently capable of litigating this case.
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Plaintiff is reminded that she may voluntarily dismiss the case without prejudice (meaning she
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can bring this case again later), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), by
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filing a notice of voluntary dismissal with the Clerk of Court. However, as noted above, plaintiff
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has a right to continue in pro se and at this time it appears that she is capable of doing so.
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Plaintiff’s concerns in this regard can be discussed at the scheduling conference.
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III.
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Conclusion
Plaintiff’s motion to appoint counsel (ECF No. 11) is DENIED. Plaintiff’s request to
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cancel the initial scheduling conference in this case (ECF No. 10) is also DENIED. The initial
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scheduling conference (ECF No. 7) is re-set for September 28, 2022 via Zoom before Magistrate
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Judge Allison Claire. Plaintiff may dial in without using video. The parties shall contact the
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Courtroom Deputy Jonathan Anderson by phone (916) 930-4199 or by email at
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janderson@caed.uscourts.gov one day prior to the scheduled motion hearing to receive the dial-in
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information.
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IT IS SO ORDERED.
DATED: August 2, 2022
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