Jackson v. Russell

Filing 10

ORDER Denying 6 Motion Requesting Bank Statements and Denying 1 Motion/Application for Leave to Proceed in forma pauperis. It is further ordered that the Court extends the deadline for Plaintiff to file any second amended complaint to 2/17 /2023. The Clerk of the Court is directed to send Plaintiff the approved form for filing a §1983 complaint, instructions for the same, and a copy of his first amended complaint (ECF No. 3 ). Documents attached for distribution to Plain tiff. Signed by Magistrate Judge Cam Ferenbach on 1/17/2023. Documents attached for distribution to Plaintiff. (Attachments: # 1 Inmate IFP Application and Instructions, # 2 3 Amended Complaint)(Copies have been distributed pursuant to the NEF - TRW)

Case 2:22-cv-01289-JAD-VCF Document 10 Filed 01/17/23 Page 1 of 3
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
TARONTAE D. JACKSON,
Plaintiff,
v.

Case No.: 2:22-cv-01289-JAD-VCF
ORDER

PERRY RUSSELL,
Defendant.
I.

DISCUSSION
On November 1, 2022, the Court issued an order screening Plaintiff’s first

amended complaint (“FAC”) under 28 U.S.C. § 1915A. (ECF No. 5.) The Court dismissed
the FAC without prejudice and with leave to file a second amended complaint. (Id.)
Plaintiff has not filed a second amended complaint. However, Plaintiff has filed a motion
requesting an application to proceed in forma pauperis, and a motion for appointment of
counsel. (ECF Nos. 6, 7.) In light of Plaintiff’s continued engagement in this case, the
Court will grant Plaintiff an extension until February 17, 2023, to file a second amended
complaint. If Plaintiff fails to file a second amended complaint by February 17, 2023, this
case will be subject to dismissal without prejudice. The court will now consider Plaintiff’s
motions.
A. ECF No. 6
Plaintiff has filed a motion in which he appears to be requesting an application to
proceed in forma pauperis for a different case. (ECF No. 6.) To the extent that Plaintiff
is requesting something for a different case, he must file a motion in that case, not in this
case. Plaintiff has already filed a complete application to proceed in forma pauperis in
this case.
The motion also appears to request a status updated on Plaintiff’s first amended
complaint.

However, the Court has already accepted and screened Plaintiff’s first

amended complaint. Accordingly, Plaintiff’s motion is denied. However, the Court will

Case 2:22-cv-01289-JAD-VCF Document 10 Filed 01/17/23 Page 2 of 3

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direct the Clerk of the Court to resend the Court’s previous screening order in case
Plaintiff did not receive the screening order.
B. ECF No. 7
Plaintiff has filed a motion for appointment of counsel. (ECF No. 7.) A litigant does
not have a constitutional right to appointed counsel in 42 U.S.C. § 1983 civil rights claims.
Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). Pursuant to 28 U.S.C.
§ 1915(e)(1), “[t]he court may request an attorney to represent any person unable to
afford counsel.” However, the court will appoint counsel for indigent civil litigants only in
“exceptional circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (§ 1983
action). “When determining whether ‘exceptional circumstances’ exist, a court must
consider ‘the likelihood of success on the merits as well as the ability of the petitioner to
articulate his claims pro se in light of the complexity of the legal issues involved.” Id.
“Neither of these considerations is dispositive and instead must be viewed together.” Id.
The Court has dismissed Plaintiff’s first amended complaint. Because Plaintiff has
not yet filed a second amended complaint, the Court cannot properly analyze the
likelihood of success or the complexity of the legal issues at play in any potential second
amended complaint.

Accordingly, the Court will not consider Plaintiff’s motion for

appointment of counsel until after Plaintiff files a second amended complaint.
II.

CONCLUSION
It is therefore ordered that Plaintiff’s motion for an application to proceed in forma

pauperis, and for a status update, (ECF No. 6) is DENIED.
It is further ordered that the Court will not consider Plaintiff’s motion for
appointment of counsel (ECF No. 7) until after Plaintiff files a second amended complaint.
It is further ordered that the Court extends the deadline for Plaintiff to file any
second amended complaint to February 17, 2023. Plaintiff is cautioned that this action
will be subject to dismissal without prejudice if Plaintiff fails to timely comply with this
order. A dismissal without prejudice allows Plaintiff to refile the case with the Court, under
a new case number, when Plaintiff can file a signed complaint.
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The Clerk of the Court is directed to send Plaintiff the approved form for filing a §

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1983 complaint, instructions for the same, and a copy of his first amended complaint (ECF
No. 3.)
DATED THIS

17th

day of January 2023.

UNITED STATES MAGISTRATE JUDGE

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