United States District Court, D. Nevada
action is a pro se civil rights complaint filed
pursuant to 42 U.S.C. § 1983 by a former state prisoner.
In compliance with this Court's order, Plaintiff has
submitted an application to proceed in district court without
prepaying fees or costs following his release from prison.
(ECF No. 26). Based on the financial information provided,
the Court grants Plaintiff leave to proceed without
prepayment of fees or costs pursuant to 28 U.S.C. §
February 5, 2018, the Court entered a screening order. (ECF
No. 24). A follow-up order imposed a 90-day stay and the
Court entered a subsequent order assigning the case to
mediation by a court-appointed mediator. (ECF No. 29, 31).
The Office of the Attorney General has filed a status report
indicating that settlement was not reached and informing the
Court of its intent to proceed with this action. (ECF No.
has filed a motion for appointment of counsel. (ECF No. 37).
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. In the instant case, the Court does not find
exceptional circumstances that warrant the appointment of
counsel. The Court denies the motion for appointment of
IS THEREFORE ORDERED that:
Plaintiff's application to proceed in district court
without prepaying fees or costs (ECF No. 26) is
Plaintiff is permitted to maintain this action to conclusion
without the necessity of prepayment of any additional fees or
costs or the giving of security therefor. This order granting
leave to proceed in district court without prepaying fees or
costs shall not extend to the issuance and/or service of
subpoenas at government expense.
Clerk of the Court shall electronically
SERVE a copy of this order and a copy of
Plaintiff's second amended complaint (ECF No. 25) on the
Office of the Attorney General of the State of Nevada, by
adding the Attorney General of the State of Nevada to the
docket sheet. This does not indicate acceptance of service.
Service must be perfected within ninety (90) days from the
date of this order pursuant to Fed.R.Civ.P. 4(m).
Subject to the findings of the screening order and follow-up
order (ECF No. 24, 29), within twenty-one (21)
days of the date of entry of this order, the
Attorney General's Office shall file a notice advising
the Court and Plaintiff of: (a) the names of the defendants
for whom it accepts service; (b) the names of the defendants
for whom it does not accept service, and (c) the
names of the defendants for whom it is filing the
last-known-address information under seal. As to any of the
named defendants for whom the Attorney General's Office
cannot accept service, the Office shall file, under
seal, but shall not serve the inmate Plaintiff the last
known address(es) of those defendant(s) for whom it has such
information. If the last known address of the defendant(s) is
a post office box, the Attorney General's Office shall
attempt to obtain and provide the last known physical
service cannot be accepted for any of the named defendant(s),
Plaintiff shall file a motion identifying the unserved
defendant(s), requesting issuance of a summons, and
specifying a full name and address for the defendant(s). For
the defendant(s) as to which the Attorney General has not
provided last-known-address information, Plaintiff shall
provide the full name and address for the
the Attorney General accepts service of process for any named
defendant(s), such defendant(s) shall file and serve an
answer or other response to the complaint within
sixty (60) days from the date of this order.
Henceforth, Plaintiff shall serve upon defendant(s) or, if an
appearance has been entered by counsel, upon their
attorney(s), a copy of every pleading, motion or other
document submitted for consideration by the Court. Plaintiff
shall include with the original document submitted for filing
a certificate stating the date that a true and correct copy
of the document was mailed or electronically filed to the
defendants or counsel for the defendants. If counsel has
entered a notice of appearance, Plaintiff shall direct
service to the individual attorney named in the notice of
appearance, at the physical or electronic address stated
therein. The Court may disregard any document received by a
district judge or magistrate judge which has not been filed
with the Clerk, and any document received by a district
judge, magistrate judge, or the Clerk which fails to include
a certificate showing proper service.
case is no longer stayed.
motion for appointment of counsel ...