Wilkins v. Picetti

Filing 31

ORDER GRANTING MOTION TO LIFT STAY; REOPENING ACTION; DENYING MOTION FOR RECONSIDERATION OF ORDER DENYING APPOINTMENT OF COUNSEL; DENYING MOTION FOR DISQUALIFICATION by Judge Lucy H. Koh (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 8/7/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEENAN G. WILKINS,

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Plaintiff,
v.
GARY PICETTI, Judge, Superior Court
Alameda County, et al.,

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Defendants.
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No. C 10-2818 LHK (PR)
ORDER GRANTING MOTION TO LIFT
STAY; REOPENING ACTION;
DENYING MOTION FOR
RECONSIDERATION OF ORDER
DENYING APPOINTMENT OF
COUNSEL; DENYING MOTION FOR
DISQUALIFICATION
(Docket Nos. 27 & 30)

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Plaintiff, proceeding pro se, filed an amended complaint pursuant to 42 U.S.C. § 1983

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alleging that his constitutional rights to due process and equal protection were violated when, as

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a result of competency proceedings in Alameda County, he was involuntarily committed to a

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mental hospital. (Docket No. 12.) On April 25, 2011, the Court stayed the action pending

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resolution of the pending criminal charges against Plaintiff in Alameda County. Plaintiff was

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instructed to request that the stay be lifted within thirty days of disposition of the criminal

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charges against him. (Docket No. 14.) On January 14, 2013, Plaintiff filed a motion stating that

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he was convicted and sentenced on December 26, 2012, and requested an extension of ninety

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days to complete his transfer to state prison. (Docket No. 20.) Plaintiff stated that he would

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notify the Court when his transfer was complete. Plaintiff also filed a motion for appointment of

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counsel. (Docket No. 24.) The Court denied Plaintiff’s motions and instructed Plaintiff to file a
Order Granting Mot. to Lift Stay; Denying Mot. for Recon; Denying Mot. for Disq.
G:\PRO-SE\LHK\CR.10\Wilkins818poststay-misc2.wpd

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request to lift the stay upon the complete resolution of his criminal case, which would include

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the conclusion of any appeal taken after conviction. (Id.)

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Plaintiff has now filed a motion requesting that the Court reconsider the order denying

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counsel. (Docket No. 27.) Plaintiff also filed a motion for disqualification of this Court.

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(Docket No. 30.) Plaintiff’s request for appointment of counsel is DENIED for want of

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exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also

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Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to

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counsel in a civil case). None of Plaintiff’s newly presented facts warrant appointment of

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counsel. Plaintiff’s motion for disqualification of the undersigned judge is also DENIED.

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Plaintiff’s dissatisfaction appears to be directed at the adverse rulings against Plaintiff.

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However, it is well-established that actions taken by a judge during the normal course of the

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proceedings are not proper grounds for disqualification. See United States v. Scholl, 166 F.3d

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964, 977 (9th Cir. 1999) (judge properly denied motion for disqualification based on his prior

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service as prosecutor and his actions during the proceedings because neither ground required

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recusal); see also Leslie v. Grupo ICA, 198 F.3d 1152, 1160 (9th Cir. 1999) (court’s adverse

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rulings are not an adequate basis for recusal). Plaintiff has not satisfied his substantial burden of

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demonstrating that a “reasonable person with knowledge of all the facts would conclude that the

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judge’s impartiality might reasonably be questioned.” United States v. McTiernan, 695 F.3d

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882, 891 (9th Cir. 2012).

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Plaintiff additionally requests that this Court reconsider “the indefinite unnecessary stay

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imposed.” (Docket No. 27.) Plaintiff asserts that, “Once convicted [he] sought to lift the stay as

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ordered” and that the Court’s response was to impose, “an unnecessary, indefinite stay.” (Id.)

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Neither is true. However, in the interest of justice, the Court will construe Plaintiff’s request for

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reconsideration as a motion to lift the stay imposed by this Court on April 25, 2011. So

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construed, Plaintiff’s motion is GRANTED. The stay is lifted and the Clerk of the Court is

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directed to REOPEN this case. The Court will conduct an initial review of Plaintiff’s amended

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complaint in a separate order.

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This order terminates docket numbers 27 and 30.
Order Granting Mot. to Lift Stay; Denying Mot. for Recon; Denying Mot. for Disq.
G:\PRO-SE\LHK\CR.10\Wilkins818poststay-misc2.wpd 2

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IT IS SO ORDERED.
DATED:

8/6/13
LUCY H. KOH
United States District Judge

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Order Granting Mot. to Lift Stay; Denying Mot. for Recon; Denying Mot. for Disq.
G:\PRO-SE\LHK\CR.10\Wilkins818poststay-misc2.wpd 3