Scott v. Hayes et al

Filing 16

ORDER by Judge Benjamin H. Settle granting 14 Motion for Extension of Time; denying 15 Motion to Appoint Counsel. Plaintiff has until July 13, 2018 to amend her complaint. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PAMELA K. SCOTT,

CASE NO. C17-5619 BHS
Plaintiff,

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v.
COLIN HAYES, et al.,

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Defendants.

ORDER GRANTING PLAINTIFF’S
MOTION FOR AN EXTENSION
OF TIME AND DENYING
PLAINTIFF’S MOTION FOR
COURT-APPOINTED COUNSEL

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This matter comes before the Court on Plaintiff Pamela Scott’s (“Scott”) motion

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for extension of time to file amended complaint (Dkt. 14) and motion for court-appointed

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counsel (Dkt. 15).

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On August 4, 2017, Scott filed a motion to proceed in forma pauperis and

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proposed complaint. Dkts. 1, 1-1. Scott asserts numerous claims against county

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prosecutors and Washington Department of Corrections (“DOC”) officials stemming

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from DOC officials contacting the prosecutors regarding Scott’s sentence. Dkt. 1-1.

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Based on a letter from DOC officials, the prosecutors filed a motion to amend Scott’s

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sentence by adding twelve months of community custody. Id. The trial court granted the

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motion, but Scott successfully appealed the order. Id. This action followed. On August

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8, 2017, the Court denied Scott’s motion to proceed in forma pauperis based mainly on

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prosecutorial immunity. Dkt. 2.

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On August 21, 2017, Scott appealed. Dkt. 3. The Ninth Circuit affirmed in part

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and vacated in part concluding that the Court “properly dismissed the claims against the

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prosecutor defendants,” but vacated for further consideration or leave to amend on

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Scott’s claims against the DOC officials. Dkt. 10.

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On April 24, 2018, the Court granted Scott leave to amend her complaint with a

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deadline of May 25, 2018. Dkt. 13. On May 25, 2018, Scott filed a motion for extension

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of time and a motion for court-appointed counsel. Dkts. 14, 15.

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Regarding an extension of time, Scott asserts that she needs time to research the

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law and review hundreds of pages of records she received from a public records request.

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Dkt. 14. Scott, however, requests an extension of 90 days to complete this review. Id.

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The Court finds that 90 days is excessive. In an amended complaint, Scott must only

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provide “a short and plain statement of the claim showing that the pleader is entitled to

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relief.” Fed. R. Civ. P. 8(a)(2). Scott should be able to meet this burden on her claims

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against the DOC officials in 30 days. Therefore, the Court GRANTS Scott’s motion and

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extends the deadline for an amended complaint to July 13, 2018.

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Regarding appointment of counsel, “a court may appoint counsel for indigent civil

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litigants under exceptional circumstances.” Ming Ching Jin v. Forgia, 362 Fed. Appx.

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649, 650 (9th Cir. 2010). “Three factors are relevant to the trial court’s determination of

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whether to appoint counsel: (1) the plaintiff’s financial resources; (2) the efforts made by

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the plaintiff to secure counsel on his or her own; and (3) the merit of the plaintiff’s

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claim.” Johnson v. U.S. Dep’t of Treasury, 939 F.2d 820, 824 (9th Cir. 1991) (citing Ivey

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v. Board of Regents of the University of Alaska, 673 F.2d 266, 269 (9th Cir. 1982)).

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At this point, Scott has failed to show that she has meritorious claims. Upon

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review of the amended complaint and further proceedings, the circumstances may

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change. Therefore, the Court DENIES without prejudice Scott’s motion for court-

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appointed counsel.

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IT IS SO ORDERED.

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Dated this 11th day of June, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3