Opinion

Brown v. Baca

Court
District Court, D. Nevada
Filed
Oct 12, 2024
Cited by
0 cases

The opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 JEROME BROWN, Case No. 2:23-cv-00692-CDS-EJY

5 Plaintiff,

ORDER

6 v.

7 WARDEN BACA, et al.,

8 Defendants.

9

10 Before the Court is Plaintiff's Motion for Appointment of Counsel. ECF No. 51. Plaintiff

11 states that due to an ongoing lockdown at Southern Desert Correctional Center ("SDCC") he is to

12 access the prison's law library, thus impeding his ability to prosecute his case. Id. at 1. For this

13 reason Plaintiff requests the Court appoint counsel to assist him. Id.

14 While the Court sympathizes with Plaintiff's situation, the threshold for demonstrating cause

15 for the Court to appoint counsel for a civil plaintiff is high and lack of sufficient access to the prison

16 law library, a challenge claimed by many incarcerated plaintiffs, is not enough to warrant such

17 appointment. Clark v. McCormick, Case No. 2:21-cv-00173-RFB-DJA, 2023 WL 2844351, at *1

18 (D. Nev. Mar. 21, 2023).

19 Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel

20 (ECF No. 51) is DENIED without prejudice.

21 IT IS FURTHER ORDERED that while the Court understands that safety of all those housed

22 and who work in the facility must come first, Defendants must file a status report no later than

23 November 15, 2024 advising what, if any, plan Defendant Baca or his designee has to increase

24 access to the SDCC law library within the next 30 to 60 days.

25 Dated this 12th day of October, 2024.

26

27

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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