Drevaleva v. U.S. Department of Veterans Affairs et al

Filing 57

ORDER RE PLAINTIFF'S INQUIRIES. Signed by Judge William Alsup on 11/19/2018. (whasec, COURT STAFF) (Filed on 11/19/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TATYANA EVGENIEVNA DREVALEVA,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 18-03748 WHA

v.
U.S. DEPARTMENT OF VETERANS
AFFAIRS, et al.,

ORDER RE PLAINTIFF’S
INQUIRIES

Defendants.
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In this pro se employment discrimination action, plaintiff has included the following

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inquiries in her opposition to defendants’ motion to dismiss. First, plaintiff has inquired as to

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whether or not it would be proper to transfer her action to “the District Court of New Mexico.”

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Second, plaintiff asks whether she should have “free of charge” counsel appointed on her behalf

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(Dkt. No. 40 at 18). This order addresses each inquiry in turn.

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First, plaintiff asks for guidance as to whether this action should be maintained in

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this Court, or whether it should be transferred to the district court in New Mexico. Plaintiff is

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advised that this inquiry is better suited for the initial case management conference on

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November 29, however, absent a stipulation, this issue needs to be litigated on a motion basis.

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Second, plaintiff requests appointment of counsel pursuant to 42 U.S.C.

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Section 2000e-5(f)(1)(B) (Dkt. No. 40 at 14). Under Mallard v. United States District Court,

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490 U.S. 296, 304–05 (1989), there is no constitutional right to appointment of counsel in civil

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cases. To determine whether plaintiff is entitled to appointment of counsel under Title VII,

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the Court must assess: (1) plaintiff’s financial resources; (2) plaintiff’s efforts to secure

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counsel; and (3) whether plaintiff’s claims have merit. Bradshawe v. Zoological Soc. of

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San Diego, 662 F.2d 1301, 1318 (9th Cir. 1981). Plaintiff has not produced evidence of her

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efforts to secure counsel.

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Plaintiff is also advised that helpful information is available online at:

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http://cand.uscourts.gov/proselitigants and also in person at the legal help center.

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An appointment with the legal help center may be made by calling 415-782-9000,

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extension 8657. At this time, plaintiff’s request for appointment of counsel must be DENIED.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: November 19, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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