Roberts v. Hensley et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 15cv1871-LAB (BLM)
ORDER DENYING STAY
S. HENSLEY, et al.,
Pro se prisoner Tony Roberts asks the Court to extend the five-month stay in this
case for another five months. The Court must “balance the length of any stay against the
strength of the justification given for it.” Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000).
Roberts asks for another stay to allow “his medical condition to stabilize” while he undergoes
outpatient treatment for mental health issues. But Roberts admits that he’s battled with these
psychiatric issues for the last 17 years—the Court can’t grant a stay every time Roberts’
psychiatric problems flare up. Roberts has had two years to litigate his case. And the Court
already stayed the case to allow Roberts to recover from his March hospitalization. The
motion to stay the action is denied. See Clinton v. Jones, 520 U.S. 681, 706 (1997) (“District
Court has broad discretion to stay proceedings as an incident to its power to control its own
The Court also denies Roberts’ request to appoint counsel. The Constitution only
provides a right to counsel in a civil case when loss of liberty is at stake. Lassiter v. Dep’t of
Soc. Servs., 452 U.S. 18, 25 (1981). That’s not the case here. And Roberts failed to show
exceptional circumstances exist that would warrant appointment of counsel. He’s managed
to file motions and pursue his case for the past two years. While the Court recognizes he’s
not in ideal shape to litigate a lawsuit, he chose to bring this action. And he’s worked
effectively with Tommy Boyden to file intelligent briefing on his last two requests for a stay.
The motion to appoint counsel is denied. See Meeks v. Nunez, 2017 WL 476425, at *4 (S.D.
Cal. Feb. 6, 2017).
IT IS SO ORDERED.
Dated: July 25, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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