Cepeda v. Munoz et al

Filing 7

ORDER Denying as moot 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff is to file a Motion to Proceed In Forma Pauperis by a NON-Inmate or pay the filing fee in full on or before 11/13/2020. The Clerk shall supply proper for m and instructions to Plaintiff. Plaintiff shall update his mailing address on or before 11/13/2020. The Court further Grants 3 and 4 Motions to Amend. The Court Denies the 5 Motion for a copy of the Federal rules, and Denies without prejudice, the 6 Motion for Appointment of Counsel. Signed by Judge Richard F. Boulware, II on 10/14/2020. (Copies have been distributed pursuant to the NEF; copy of IFP application for Non-Inmate included with copy of this order- DRS)

Case 2:20-cv-00359-RFB-NJK Document 7 Filed 10/14/20 Page 1 of 3

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
MICHAEL GERARD CEPEDA,

Case No. 2:20-cv-00359-RFB-NJK

4
Plaintiff,
5
6

ORDER

v.
MUNOZ, et al.,
Defendants.

7
8
9
10

I.

DISCUSSION

11

According to the Clark County Detention Center inmate database, Plaintiff is no

12

longer incarcerated. However, Plaintiff has not filed an updated address with this Court.

13

The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se party

14

must immediately file with the court written notification of any change of mailing address,

15

email address, telephone number, or facsimile number. The notification must include

16

proof of service on each opposing party or the party’s attorney. Failure to comply with this

17

rule may result in the dismissal of the action, entry of default judgment, or other sanctions

18

as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court grants Plaintiff until

19

Friday, November 13, 2020, to file his updated address with this Court. If Plaintiff does

20

not update the Court with his current address by Friday, November 13, 2020, the Court

21

will dismiss this action without prejudice.

22

Additionally, the Court denies the application to proceed in forma pauperis for

23

prisoners (ECF No. 1) as moot because Plaintiff is no longer incarcerated. The Court

24

now directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner

25

by Friday, November 13, 2020, or pay the full filing fee of $400.

26

The Court also grants Plaintiff’s motions to amend (ECF Nos. 3, 4) and will screen

27

the amended complaint (ECF No. 4-1) if Plaintiff timely updates his address and files an

28

Case 2:20-cv-00359-RFB-NJK Document 7 Filed 10/14/20 Page 2 of 3

1

application to proceed in forma pauperis by a non-prisoner. The Court denies the motion

2

for a copy of all federal rules (ECF No. 5).

3

The Court also denies the motion for appointment of counsel (ECF No. 6) without

4

prejudice at this time. A litigant does not have a constitutional right to appointed counsel

5

in 42 U.S.C. § 1983 civil rights claims. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th

6

Cir. 1981). Pursuant to 28 U.S.C. § 1915(e)(1), “[t]he court may request an attorney to

7

represent any person unable to afford counsel.” However, the court will appoint counsel

8

for indigent civil litigants only in “exceptional circumstances.” Palmer v. Valdez, 560 F.3d

9

965, 970 (9th Cir. 2009) (§ 1983 action).

“When determining whether ‘exceptional

10

circumstances’ exist, a court must consider ‘the likelihood of success on the merits as

11

well as the ability of the petitioner to articulate his claims pro se in light of the complexity

12

of the legal issues involved.” Id. “Neither of these considerations is dispositive and

13

instead must be viewed together.” Id. In the instant case, the Court has reviewed the

14

amended complaint and does not find exceptional circumstances exist to warrant the

15

appointment of counsel.

16

II.

17
18
19
20

CONCLUSION
For the foregoing reasons, it is ordered that Plaintiff will file his updated address

with the Court on or before Friday, November 13, 2020.
It is further ordered that Plaintiff’s application to proceed in forma pauperis for
prisoners (ECF No. 1) is denied as moot.

21

It is further ordered that the Clerk of the Court will send Plaintiff the approved form

22

application to proceed in forma pauperis by a non-prisoner, as well as the document

23

entitled information and instructions for filing an in forma pauperis application.

24

It is further ordered that on or before Friday, November 13, 2020, Plaintiff will

25

either: (1) file a fully complete application to proceed in forma pauperis for non-prisoners;

26

or (2) pay the full filing fee of $400.

27
28

2

Case 2:20-cv-00359-RFB-NJK Document 7 Filed 10/14/20 Page 3 of 3

1

It is further ordered that, if Plaintiff fails to timely update his address and submit an

2

application to proceed in forma pauperis by a non-prisoner, the Court will dismiss this

3

case without prejudice.

4

It is further ordered that the motions to amend (ECF Nos. 3, 4) are granted.

5

It is further ordered that, if Plaintiff timely updates his address and submits an

6

application to proceed in forma pauperis by a non-prisoner, the Court will screen Plaintiff’s

7

amended complaint (ECF No. 4-1).

8
9
10
11

It is further ordered that the motion for a copy of the federal rules (ECF No. 5) is
denied.
It is further ordered that the motion for appointment of counsel (ECF No. 6) is
denied without prejudice.

12
DATED: October 14, 2020.
13
14
___
15

UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

3