Arellano v. R.J. Donovan Detention Facility et al

Filing 152

ORDER (1) Denying Motion for Assistance with Discovery; (2) Denying Motion for Appointment of Counsel re 151 . The Court denies Plaintiff's Motion for Assistance with Discovery and Denies without prejudice Plaintiff's Motion for Appointment of Counsel.Signed by Magistrate Judge Jill L. Burkhardt on 9/5/2017. (All non-registered users served via U.S. Mail Service)(mpl)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 Case No.: 14-cv-590 JLS (JLB) RAUL ARELLANO, JR. , ORDER: (1) DENYING MOTION FOR ASSISTANCE WITH DISCOVERY; (2) DENYING MOTION FOR APPOINTMENT OF COUNSEL Plaintiff, v. OFFICER HODGE et al., 16 Defendants. 17 [ECF No. 151] 18 Before the Court is Plaintiff Raul Arellano, Jr.’s letter entitled “Motion for Either 19 20 21 22 23 24 25 26 27 28 Defendant’s Attorney to Provide Address of Practitioner or be Assigned Attorney.” (ECF No. 151.) The Court construes this letter as: (1) Motion for Assistance with Discovery; and (2) Motion for Appointment of Counsel. No opposition to the letter was filed. For the reasons discussed below, the Court DENIES Plaintiff’s Motion for Assistance with Discovery and DENIES Plaintiff’s Motion for Appointment of Counsel. I. Motion for Assistance with Discovery Plaintiff moves the Court for assistance locating seven medical professionals that Plaintiff would like to call as witnesses during trial. (ECF No. 151.) Plaintiff “would like to be granted an Attorney with investigator” or “open Discovery could be use [sic] so 1 14-cv-590 JLS (JLB) 1 Defendant Attorney can find this info I need.” (Id. at 1) Plaintiff argues that he needs 2 assistance locating a physical therapist who treated Plaintiff for a low back injury because 3 he does not know the name or address of the physical therapist. (Id.) Plaintiff also requests 4 that the following medical professionals be located so that he can prepare them to testify 5 at trial—Dr. Luv, Dr. Geyser, Psychiatrist E. Phan, Clinician Nunez, J. Marquez, and Dr. 6 Thiessen. (Id. at 1-3.) 7 The Court is prohibited from providing legal advice to, or acting as counsel to, any 8 party, and therefore it cannot provide Plaintiff with the specific assistance he seeks. The 9 Court directs Plaintiff that any request for discovery must be prepared and served on 10 Defendants pursuant to Federal Rules of Civil Procedure 26–37 and must be completed 11 within the time constraints of the scheduling order in this case. (See ECF No. 139.) 12 II. Motion for Appointment of Counsel 13 Plaintiff also moves the Court, for the third time, for appointment of counsel. (ECF 14 No. 151 at 1.) Plaintiff argues that he should be appointed counsel because it would assist 15 him in locating and preparing medical professionals for testimony at trial. (Id. at 2.) 16 Plaintiff asserts that he is unable to locate the potential witnesses identified above on his 17 own because of the “unknown whereabouts of this witnesses” and because he is indigent 18 and unable to hire an attorney. (Id. at 2.) 19 Plaintiff does not raise any additional considerations entitling him to appointment of 20 counsel that he has not raised in previous filings. Accordingly, Plaintiff has not established 21 that the exceptional circumstances required for the appointment of counsel exist. See 22 Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009), cert. denied, 559 U.S. 906 (2010). 23 Plaintiff’s motion for appointment of counsel is therefore DENIED for the same reasons 24 that the Court previously denied Plaintiff’s request for appointment of counsel. (See ECF 25 No. 139.) 26 precluded from requesting the appointment of counsel at a later stage in this case, should 27 he be able to make the requisite showing of exceptional circumstances at that time. 28 /// This denial is without prejudice, however, and Plaintiff is therefore not 2 14-cv-590 JLS (JLB) 1 III. Conclusion 2 For the reasons discussed above, the Court DENIES Plaintiff’s Motion for 3 Assistance with Discovery and DENIES without prejudice Plaintiff’s Motion for 4 Appointment of Counsel. (ECF No. 151.) 5 6 IT IS SO ORDERED. Dated: September 5, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 14-cv-590 JLS (JLB)

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