Redeker v. The State of Nevada ex rel The Nevada Department of Corrections et al

Filing 25

ORDER denying 21 Motion to Appoint Counsel. Within twenty-one (21) days of the date of entry of this order, the Attorney General's Office shall file a notice advising the Court and Plaintiff (See Order for Details). Signed by Magistrate Judge Cam Ferenbach on 11/29/2016. (Copies have been distributed pursuant to the NEF, cc: Atty General - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARIE REDEKER,

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

2:15-cv-00927-RFB-VCF
ORDER

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This is an action on a civil rights complaint pursuant to 42 U.S.C. § 1983, removed from
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state court. The Court entered a screening order on August 23, 2016. (ECF No. 18). The
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screening order imposed a 90-day stay and the Court entered a subsequent order in which the
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parties were assigned to mediation by a court-appointed mediator. (ECF No. 18, 20). The
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Office of the Attorney General has filed a status report indicating that settlement has not been
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reached and informing the Court of its intent to proceed with this action. (ECF No. 24).
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Plaintiff has also filed a motion for appointment of counsel. (ECF No. 21). A litigant
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does not have a constitutional right to appointed counsel in 42 U.S.C. § 1983 civil rights
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claims. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). Pursuant to 28 U.S.C.
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§ 1915(e)(1), “[t]he court may request an attorney to represent any person unable to afford
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counsel.” However, the court will appoint counsel for indigent civil litigants only in “exceptional
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circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (§ 1983 action). “When
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determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood
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of success on the merits as well as the ability of the petitioner to articulate his claims pro se
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in light of the complexity of the legal issues involved.” Id. “Neither of these considerations is
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dispositive and instead must be viewed together.” Id. In the instant case, the Court does not

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find exceptional circumstances that warrant the appointment of counsel. The Court denies the

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motion for appointment of counsel.

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IT IS THEREFORE ORDERED that:

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1.

The Clerk of the Court shall electronically SERVE a copy of this order and a copy

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of Plaintiff’s amended complaint (ECF No. 16) on the Office of the Attorney General of the

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State of Nevada, attention Kat Howe.

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2.

Subject to the findings of the screening order (ECF No. 18), within twenty-one

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(21) days of the date of entry of this order, the Attorney General’s Office shall file a notice

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advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts

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service; (b) the names of the defendants for whom it does not accept service, and (c) the

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names of the defendants for whom it is filing the last-known-address information under seal.

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As to any of the named defendants for whom the Attorney General’s Office cannot accept

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service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known

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address(es) of those defendant(s) for whom it has such information. If the last known address

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of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain

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and provide the last known physical address(es).

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3.

If service cannot be accepted for any of the named defendant(s), Plaintiff shall

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file a motion identifying the unserved defendant(s), requesting issuance of a summons, and

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specifying a full name and address for the defendant(s). For the defendant(s) as to which the

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Attorney General has not provided last-known-address information, Plaintiff shall provide the

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full name and address for the defendant(s).

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4.

If the Attorney General accepts service of process for any named defendant(s),

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such defendant(s) shall file and serve an answer or other response to the complaint within

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sixty (60) days from the date of this order.

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5.

Henceforth, Plaintiff shall serve upon defendant(s) or, if an appearance has been

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entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document

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submitted for consideration by the Court. Plaintiff shall include with the original document

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submitted for filing a certificate stating the date that a true and correct copy of the document
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was mailed or electronically filed to the defendants or counsel for the defendants. If counsel

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has entered a notice of appearance, Plaintiff shall direct service to the individual attorney

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named in the notice of appearance, at the physical or electronic address stated therein. The

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Court may disregard any document received by a district judge or magistrate judge which has

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not been filed with the Clerk of the Court, and any document received by a district judge,

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magistrate judge, or the Clerk of the Court which fails to include a certificate showing proper

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service.

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6.

The motion for appointment of counsel (ECF No. 21) is denied.

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DATED: This _____ day of November, 2016.

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_________________________________
United States Magistrate Judge

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