Roberts v. Hensley et al

Filing 59

ORDER Denying Stay. The 58 Motion to Stay is denied. The Court also denies Roberts' request to appoint counsel. Signed by Judge Larry Alan Burns on 7/25/2017. (All non-registered users served via U.S. Mail Service)(lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TONY ROBERTS,

CASE NO. 15cv1871-LAB (BLM)
Plaintiff,

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vs.

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ORDER DENYING STAY

S. HENSLEY, et al.,
Defendants.

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Pro se prisoner Tony Roberts asks the Court to extend the five-month stay in this

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case for another five months. The Court must “balance the length of any stay against the

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strength of the justification given for it.” Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000).

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Roberts asks for another stay to allow “his medical condition to stabilize” while he undergoes

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outpatient treatment for mental health issues. But Roberts admits that he’s battled with these

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psychiatric issues for the last 17 years—the Court can’t grant a stay every time Roberts’

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psychiatric problems flare up. Roberts has had two years to litigate his case. And the Court

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already stayed the case to allow Roberts to recover from his March hospitalization. The

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motion to stay the action is denied. See Clinton v. Jones, 520 U.S. 681, 706 (1997) (“District

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Court has broad discretion to stay proceedings as an incident to its power to control its own

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docket.”).

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The Court also denies Roberts’ request to appoint counsel. The Constitution only

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provides a right to counsel in a civil case when loss of liberty is at stake. Lassiter v. Dep’t of

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Soc. Servs., 452 U.S. 18, 25 (1981). That’s not the case here. And Roberts failed to show

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exceptional circumstances exist that would warrant appointment of counsel. He’s managed

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to file motions and pursue his case for the past two years. While the Court recognizes he’s

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not in ideal shape to litigate a lawsuit, he chose to bring this action. And he’s worked

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effectively with Tommy Boyden to file intelligent briefing on his last two requests for a stay.

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The motion to appoint counsel is denied. See Meeks v. Nunez, 2017 WL 476425, at *4 (S.D.

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Cal. Feb. 6, 2017).

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IT IS SO ORDERED.
Dated: July 25, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge

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