JACKSON v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 23

MEMORANDUM ORDER denying 14 Motion for Reconsideration of Court's Order dated January 22, 2015 11 , denying Plaintiff's initial Motion for Appointment of Counsel 8 . Signed by Magistrate Judge Maureen P. Kelly on 3/16/2014. Note: A copy of this Order has been mail this day to Plaintiff at his address of record. (ndf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DEREK WAYNE JACKSON,
Plaintiff,
vs.

PENNSYLVANIA DEPARTMENT OF
CORRECTIONS; SUPERINTENDANT
BRIAN COLEMAN; MR. LOZADA;
MS. HALL; MR. CAMPBELL; ALBERT
RIORDAN; SCI FAYETTE MEDICAL
DEPARTMENT,
Defendants.

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Civil Action No. 14-1604
Chief Magistrate Judge Maureen P. Kelly

Re: ECF No. 14

MEMORANDUM ORDER
Plaintiff Derek Wayne Jackson (“Plaintiff”), an inmate at the Pennsylvania State
Correctional Institution at Greene (“SCI – Greene”), has presented a civil rights complaint
alleging that Defendants violated his constitutional rights by failing to intervene and otherwise
protect him from an inmate assault. Plaintiff also alleges that Defendants violated his rights by
committing negligence in the provision of medical care. (ECF No. 7).
Presently before this Court is Plaintiff’s Motion for Reconsideration (ECF No. 14) of this
Court’s Order denying Plaintiff’s Motion for Appointment of Counsel (ECF No. 11). Plaintiff
first petitioned this Court for the appointment of counsel on January 8, 2015 (ECF No. 8). In an
Order dated January 22, 2015 (ECF No. 11), Plaintiff’s request was denied. Plaintiff’s seeks
reconsideration because he alleges that he is “severely mentally ill, diagnosed with
schizophrenia, prescribed antipsychotic medication and housed in a residential treatment unit
with a maximum security setting due to the seriousness of his disease.” (ECF No. 14). Plaintiff
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further alleges that he “is disabled and unable to participate in a meaningful and intelligent
manner.” Id. Plaintiff’s motion requires the Court to again determine whether or not, under the
facts and circumstances of this case, the Court should exercise its discretion pursuant to 28
U.S.C. ' 1915(e)(1) and request an attorney to represent Plaintiff in the prosecution of this
action.
In light of Plaintiff’s allegations regarding his purported disability, the Court has
considered his Motion for Reconsideration pursuant to Rule 17(c)(2) of the Federal Rules of
Civil Procedure. See, Powell v. Symons, 680 F.3d 301m 303, 307 (3d Cir, 2012).
Rule 17(c) applies “[i]f a court [is] presented with evidence from an appropriate court of
record or a relevant public agency indicating that the party had been adjudicated incompetent, or
if the court receive[s] verifiable evidence from a mental health professional demonstrating that
the party is being or has been treated for mental illness of the type that would render him or her
legally incompetent.” Id. The court “need not inquire sua sponte into a pro se plaintiff’s mental
competence based on a litigant’s bizarre behavior alone, even if such behavior may suggest
mental incapacity.” Id. at 303 (citations omitted). The decision whether to appoint a next friend
or guardian ad litem rests with the sound discretion of the district court. See id.
Contrary to Plaintiff’s claims that he is incapable of litigating this action without the
appointment of counsel, the Court notes that a review of the docket in this matter demonstrates
that Plaintiff has appropriately litigated this matter to date and appears sufficiently articulate and
capable of appropriate legal argument. Moreover, Plaintiff has not provided any documentation
in support of his allegation in the way of verifiable evidence from a mental health professional
demonstrating that he is or has been treated for mental illness of the type that would render him
legally incompetent. Nor is there evidence that Plaintiff has been adjudicated incompetent by

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any court. The Court finds that, under the circumstances, the evidence does not suffice to
conclude that Plaintiff is incompetent. Inasmuch as there is no substantial question regarding the
competence of Plaintiff, it is not necessary to conduct a Rule 17(c) competency hearing. For
these reasons, the Court finds Plaintiff is currently competent and declines to appoint counsel to
represent his interests.
Further, it does not appear that Plaintiff has offered the Court any other basis for
exercising its discretion to appoint counsel that has not already been considered.
Therefore, for the reasons set forth in the Court’s Order dated January 22, 2015, and
because consideration of the factors set forth in Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993), does
not warrant the appointment of counsel in this instance, we decline to exercise our discretion to
appoint counsel for plaintiff in the prosecution of this action. See Parham v. Johnson, 126 F.3d
454, 457 (3d Cir. 1997).
AND NOW, this 16th day of March 2015, IT IS HEREBY ORDERED that Plaintiff's
Motion for Reconsideration [ECF No. 14] is DENIED without prejudice.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any
appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,

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Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.

BY THE COURT,

/s/ Maureen P. Kelly
MAUREEN P. KELLY
CHIEF UNITED STATES MAGISTRATE JUDGE

cc:

All counsel of record via CM/ECF
Derek Wayne Jackson
GO-3151
SCI Greene
175 Progress Drive
Waynesburg, PA 15370

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