Earley v. NDOC et al

Filing 16

ORDER denying 13 Motion for Appointment of Counsel. Signed by Magistrate Judge Elayna J. Youchah on 9/23/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARC A. EARLEY,

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Case No. 2:23-cv-01960-JAD-EJY

Plaintiff,

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v.

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NDOC, et al.,

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ORDER

Defendants.

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Pending before the Court is Plaintiff’s Motion for Appointment of Counsel. ECF No. 13.

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The Court considered Plaintiff’s Motion together with the underlying Complaint (ECF No. 8) and

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the Court’s Screening Order (ECF No. 7).

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As a general proposition, a civil litigant has no right to counsel. Lassiter v. Department of

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Social Services of Durham County, 452 U.S. 18 (1981); Storseth v. Spellman, 654 F.2d 1349, 1353

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(9th Cir. 1981). The Court has discretionary authority under 28 U.S.C. § 1915 to appoint counsel

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for indigent civil litigants in “exceptional circumstances.” Franklin v. Murphy, 745 F.2d 1221, 1236

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(9th Cir. 1984); see also United States v. McQuade, 519 F.2d 1180 (9th Cir. 1978) (addressing

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relevant standard of review for motions to appoint counsel in civil cases). When determining

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whether “exceptional circumstances” exist, a court must consider “the likelihood of success on the

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

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of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). However, a

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court “is not required to articulate reasons for denying appointment of counsel if the reasons are

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clear from the record.” Johnson v. United States Dept. of Treasury, 939 F.2d 820, 824 (9th Cir.

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1991).

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In reviewing the instant Motion, the Court finds Plaintiff previously filed three complaints

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against the Nevada Department of Corrections (“NDOC”) and various department officials. These

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cases include: Earley v. NDOC, et al., Case No. 3:22-cv-00392-ART-CLB (Earley I); Earley v.

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NDOC, et al., Case No. 3:22-cv-00460-ART-CSD (Earley II); Earley v. Kitchen Staff ESP, et al.,
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Case No. 2:23-cv-00085-RFB-VCF (Earley III); and Earley v. NDOC, et al., Case No. 2:23-cv-

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00158-MMD-BNW (Earley IV). Though the alleged facts differ among these cases, all involve

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Eighth Amendment challenges to prison conditions. Two cases were resolved through settlement

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following an inmate early mediation on August 15, 2023; the latter two were resolved through

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settlement on December 15, 2023. Further, Earley IV and the present case involve claims of

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deliberate indifference to medical needs; specifically, Plaintiff’s alleged sarcoidosis. ECF No. 8 at

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2; Earley IV, ECF No. 1-1.

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In each of Plaintiff’s cases he requested appointment of pro bono counsel. In each of these

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requests, Plaintiff alleged he suffers from dyslexia and other “mental health disorders” that

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necessitate the appointment of counsel. Earley I, ECF No. 10; Earley II, ECF No. 6; Earley III, ECF

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No. 1-2; Earley IV, ECF No. 1-2. Each time, this request has been denied with every judge having

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found Plaintiff does not meet the exceptional circumstances requirement. Earley I, ECF No. 12;

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Earley II, ECF No. 8; Earley III, ECF No. 5, Earley IV, ECF No. 4. The Court finds no reason to

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depart from these previous decisions. While the Court acknowledges Plaintiff has more thoroughly

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explained in the instant Motion how he feels his conditions limit his ability to advocate on behalf of

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himself, the Court also acknowledges that Plaintiff was able to successfully settle each of his

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previous claims against NDOC officials. This fact alone belies the assertion that Plaintiff cannot

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successfully advocate on his own behalf.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Appointment of
Counsel (ECF No. 13) is DENIED.
Dated this 23rd day of September, 2024.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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