Opinion

(PC) Lopez v. Brown

Court
District Court, E.D. California
Filed
Jan 14, 2020
Cited by
0 cases
Authority
More cited than 17.3%

“There is no constitutional right to appointed 18 counsel in a § 1983 action.”

How later courts described this case

  • “There is no constitutional right to appointed 18 counsel in a § 1983 action.”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ADAM R. LOPEZ, No. 1:17-cv-00343-DAD-GSA (PC)

12 Plaintiff,

13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

14 DR. BROWN, et al., PLAINTIFF’S REQUEST FOR

APPOINTMENT OF COUNSEL AND

15 Defendants. DISMISSING THIS CASE, WITH

PREJUDICE, FOR FAILURE TO STATE A

16 CLAIM

17 (Doc. Nos. 21, 22)

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20 Plaintiff Adam R. Lopez is a state prisoner proceeding pro se and in forma pauperis with

21 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

23 On August 5, 2019, the assigned magistrate judge issued findings and recommendations,

24 recommending that plaintiff’s request for appointment of counsel be denied and this case be

25 dismissed due to plaintiff’s failure to state a claim upon which relief may be granted under §1983.

26 (Doc. No. 22.) On August 20, 2019, plaintiff filed objections to those findings and

27 recommendations. (Doc. No. 23.)

28 /////

1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

3 court finds the findings and recommendations to be supported by the record and proper analysis.

4 Plaintiff’s objections are largely a recitation of the facts alleged in his second amended

5 complaint. (Doc. No. 23.) Plaintiff does add an assertion that the reason defendants Brown and

6 Jackson denied him medical care was the cost involved in providing such care. (Id. at 2.)

7 However, even were this additional conclusory allegation advanced in a third amended complaint,

8 it would not change the fact that plaintiff has failed to allege any specific facts showing that

9 defendants acted with deliberate indifference to his serious medical needs. Additionally, plaintiff

10 now takes issue with the medical staff as a whole at the institution of his confinement for

11 allegedly being inadequate over the three-year period at issue in this action. (Id. at 3.) This

12 objection is without merit, however, since plaintiff has not brought, nor could he bring, a claim

13 against the medical staff as a whole at his institution of confinement.

14 Lastly, plaintiff objects on the grounds that despite his best efforts, he has unable to

15 litigate the complex issues he seeks to raise without the appointment of counsel. (Id.) Plaintiff

16 does not have a constitutional right to appointment of counsel in this § 1983 action. See Rand v.

17 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997) (“There is no constitutional right to appointed

18 counsel in a § 1983 action.”), withdrawn on other grounds on reh’g en banc, 154 F.3d 952 (9th

19 Cir. 1998). “However, in ‘exceptional circumstances,’ a district court may appoint counsel for

20 indigent civil litigants pursuant to 28 U.S.C. § 1915(d).” Id. The court determines whether such

21 exceptional circumstances exist by evaluating the likelihood of success on the merits and the

22 petitioner’s ability to articulate his claims in light of the complexity of the legal issues involved.

23 Id. As the assigned magistrate judge noted in the pending findings and recommendations, the

24 claims presented by plaintiff in this action are not particularly complex, “and a review of the

25 record shows that Plaintiff is responsive, adequately communicates, and is able to articulate his

26 claims.” (Doc. No. 22 at 5.) The undersigned agrees. Moreover, because the court dismisses

27 plaintiff’s claims by way of this order, consideration of his likelihood of success on the merits of

28 his claims also weighs against the appointment of counsel.

1 Accordingly:

2 1. The findings and recommendations issued by the assigned magistrate judge on

3 August 5, 2019 (Doc. No. 22) are adopted in full;

4 2. Plaintiff's request for appointment of counsel is denied;

5 3. This action is dismissed, with prejudice, due to plaintiff’s failure to state a claim

6 upon which relief may be granted under 42 U.S.C. § 1983; and

7 4. The Clerk of Court is directed to close this case.

8 | IT IS SOORDERED. a "

9 Li. wh F

Dated: _ January 13, 2020 Sea 1" S098

10 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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