-JLT (PC) Trotter v. Schwarzenegger, No. 1:2010cv01971 - Document 28 (E.D. Cal. 2011)
Court Description: ORDER DENYING Plaintiff's 18 Motion for the Appointment of Counsel; ORDER DENYING Plaintiff's 22 , 25 , 27 Motions for Entry of Default; FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's 21 Motion for Law Library Access be Denied signed by Magistrate Judge Jennifer L. Thurston on 8/25/2011. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 9/12/2011. (Sant Agata, S)
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-JLT (PC) Trotter v. Schwarzenegger Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES TROTTER, 12 Case No. 1:10-cv-01971 LJO JLT (PC) Plaintiff, 13 ORDER DENYING PLAINTIFF’S MOTION FOR THE APPOINTMENT OF COUNSEL vs. (Doc. 18) 14 ARNOLD SCHWARZENEGGER, 15 16 ORDER DENYING PLAINTIFF’S MOTIONS FOR ENTRY OF DEFAULT Defendant. _____________________________/ (Docs. 22, 25 & 27) 17 FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT PLAINTIFF’S MOTION FOR LAW LIBRARY ACCESS BE DENIED 18 19 (Doc. 21) 20 21 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 22 § 1983. Plaintiff has several motions currently pending before the Court. 23 I. Motion to Appoint Counsel 24 On December 15, 2010, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 25 18.) Plaintiff is advised that he does not have a constitutional right to appointed counsel in this 26 action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and that the Court cannot require an 27 attorney to represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District 28 Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional 1 Dockets.Justia.com 1 circumstances, the Court may request the voluntary assistance of counsel pursuant to § 1915(e)(1). 2 Rand, 113 F.3d at 1525. In determining whether “exceptional circumstances exist, a district court 3 must evaluate both the likelihood of success on the merits [and] the ability of the [plaintiff] to 4 articulate his claims pro se in light of the complexity of the legal issues involved.” Id. (internal 5 quotations and citations omitted). 6 In the present case, the Court does not find the required exceptional circumstances. Even if 7 it is assumed that Plaintiff is not well-versed in the law and that he has made serious allegations 8 which, if proved, would entitle him to relief, his case is not exceptional. This Court is faced with 9 similar cases almost daily. Without a reasonable method of securing and compensating counsel, the 10 Court will seek volunteer counsel only in the most serious and exceptional cases. Further, at this 11 early stage in the proceedings, the Court cannot make a determination that Plaintiff is likely to 12 succeed on the merits. And, based on a review of the record in this case, the Court does not find that 13 Plaintiff is unable to adequately articulate his claims. 14 Accordingly, for all the reasons set forth above, Plaintiff’s motion for the appointment of 15 counsel is DENIED without prejudice. 16 II. Motion for Entry of Default and Motions to Compel 17 On February 16, 2011, Plaintiff filed a motion for entry of default. (Doc. 22.) In addition, 18 on April 5, 2011 and June 3, 2011, Plaintiff filed motions styled as “motions to compel,” wherein 19 Plaintiff essentially asks the Court to enter default against Defendant. (See Docs. 25 & 27.) Plaintiff 20 contends that Defendant has failed to answer his complaint and therefore the Court should enter 21 judgment Plaintiff’s favor on all his claims. (See Doc. 25 at 1.) 22 Plaintiff is advised that the Court is required to screen complaints in cases such as this one, 23 in which a prisoner seeks redress from a governmental entity or officer. See 28 U.S.C. § 1915A(a). 24 Until, and unless, the Court finds that the complaint states a cognizable claim, the defendants are not 25 required to file an answer to the complaint. Here, the Court has yet to review Plaintiff’s complaint 26 and has yet to find that the complaint states a cognizable claim.1 Therefore, at this time, Defendant 27 28 1 The Eastern District of California carries one of the highest caseloads in the United States. The Court will screen Plaintiff’s complaint in due course. 2 1 is under no obligation to file an answer in this case. 2 3 Accordingly, Plaintiff’s motions for entry of default are DENIED. III. Motion for Law Library Access 4 On January 3, 2011, Plaintiff filed a motion for law library access. (Doc. 21.) Plaintiff is 5 advised that federal courts are courts of limited jurisdiction and must have before it an actual case 6 or controversy. City of Los Angeles v Lyons, 461 U.S. 95, 102 (1983); Valley Forge Christian Coll. 7 v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If the Court does 8 not have an actual case or controversy before it, it has no power to hear the matter in question. 9 Lyons, 461 U.S. at 102. Therefore, “[a] federal court may issue an injunction [only] if it has personal 10 jurisdiction over the parties and subject matter over the claim; it may not attempt to determine the 11 rights of persons not before the court.” Zepeda v. United States Immigration Serv., 753 F.2d 719, 12 727 (9th Cir. 1985). 13 Here, Plaintiff asserts that T. Peterson is denying him access to the law library. (Doc. 21 at 14 3.) However, T. Peterson is not before the Court in this case, and therefore the Court has no power 15 to issue injunctive relief from this individual. See Zepeda, 753 F.2d at 727. Accordingly, Plaintiff’s 16 motion for law library access should be DENIED. 17 IV. Conclusion 18 In accordance with the above, it is HEREBY ORDERED that: 19 1. 20 Plaintiff’s December 15, 2010 motion for the appointment of counsel (Doc. 18) is DENIED without prejudice; 21 2. Plaintiff’s February 16, 2011 request for entry of default (Doc. 22) is DENIED; 22 3. Plaintiff’s April 5, 2011 motion to compel (Doc. 25) is DENIED; and 23 4. Plaintiff’s June 3, 2011 motion to compel (Doc. 27) is DENIED. 24 Also, it is HEREBY RECOMMENDED that: 25 1. 26 These findings and recommendations are submitted to the assigned United States District 27 Judge pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days after being 28 served with these findings and recommendations, Plaintiff may file written objections with the Court. Plaintiff’s January 3, 2011 motion for law library access (Doc. 21) be DENIED. 3 1 A document containing objections should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th 4 Cir. 1991). 5 6 IT IS SO ORDERED. 7 Dated: August 25, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
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