UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
JAMES HEDMAN CLARK, : : Plaintiff, : Civil Action No.: 22-cv-2874 (RC) : v. : Re Document No.: 4, 5, 6 : UNITED STATES OF AMERICA, et al., : : Defendants. :
MEMORANDUM OPINION
DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS, DENYING PLAINTIFF’S
MOTION TO BE DECLARED A NON COMPOS MENTIS LITIGANT, DENYING PLAINTIFF’S MOTION
TO BE APPOINTED COUNSEL
I. INTRODUCTION
Plaintiff James Hedman Clark, proceeding pro se, has brought six claims against a
sprawling list of defendants that includes the United States, government officials, and private
entities: (1) declaratory judgment on the identity of a patent under 28 U.S.C. § 3301; (2) action to
quiet title under 28 U.S.C. § 2409(a); (3) Equal Protection violations under the Fourteenth
Amendment; (4) declaratory judgment that Plaintiff’s property was improperly seized under the
Fourth Amendment; (5) Fifth Amendment violations; and (6) a second action to quiet title claim
under 28 U.S.C. § 2409(a). See Compl., ECF No. 1. On January 26, 2023, Plaintiff filed an
application for leave to proceed in forma pauperis. See Application to Proceed in District Court
Without Prepaying Fees or Costs, ECF No. 5. He also filed a motion under Federal Rule of Civil
Procedure 17(c) to determine his disability conditions and status as a non compos mentis litigant,
and a motion to appoint counsel. See Pl. Mot. For This Court to Determine His Disability
Conditions and Status as a “Non Compos Mentis” Litigant (“Pl.’s Rule 17 Motion)”, ECF No. 4; Pl. Mot. to Appoint Counsel to Pl. for Assistance or Representation (“Mot. to Appoint
Counsel”), ECF No. 6. The Court will deny the motion to proceed in forma pauperis, and for the
reasons stated below, the Court will: (1) deny Plaintiff’s Rule 17(c) motion and (2) deny
Plaintiff’s motion to appoint counsel. 1
II. FACTUAL BACKGROUND
Plaintiff claims that he was born with severe attention-deficit/hyperactivity disorder
(ADD/ADHD) that was diagnosed between 1993 and 1994. Pl.’s Rule 17 Mot. at 2. Plaintiff
was prescribed medication to treat his ADD/ADHD from 1994 to 2017. Id. In 2005, Plaintiff
was diagnosed with Generalized Anxiety Disorder (GAD) and was prescribed anxiety
medication until 2017. Id. at 4. During that time Plaintiff claims he “was very diligent and
accomplished,” however after 2017 Plaintiff could no longer obtain “the amount [of] (meds) . . .
prescribed to him from 2005-2017.” Id. at 4–5. While Plaintiff does not explain why he could
no longer access his medication, his inability to secure proper medication since 2017 has
allegedly left him unable to “access the intellectual capacity of his mind” nor to understand “his
legal options.” Id. at 5. Plaintiff claims the United States Social Security Administration has
considered him “permanently” and “totally” disabled since 2005. Id. at 2, 6.
1 Plaintiff’s application states that he has already paid the filing fee and will not seek reimbursement for that fee. Application to Proceed in District Court Without Prepaying Fees or Costs at 4. He seeks to proceed in forma pauperis because he was “unaware of the costs required for service of process to service each of the named defendants” and now believes he cannot afford service. Id. But the current application gives no indication that Plaintiff has explored waiver of service options with the private parties, and the United States parties can be served through the U.S. Attorney’s Office for the District of Columbia, which is now accepting service by email. Therefore, the Court denies the application because Plaintiff has not met his burden to establish that he is unable to pay the fees required to pursue this case.
2 III. LEGAL STANDARD
A. Appointment of Guardian Ad Litem
Rule 17(c) provides district courts with little guidance. Ferrelli v. River Manor Health
Care Ctr., 323 F.3d 196, 201 (2d Cir. 2003). The rule states in part, “[t]he court must appoint a
guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person
who is unrepresented in an action,” Fed. R. Civ. P. 17(c)(2), but is silent on when competency
inquiries are appropriate, and whether pro se plaintiffs are given special consideration. Ferrelli,
323 F.3d at 201. Additionally, the Fifth Amendment’s Due Process Clause limits the processes
that district courts may use to determine a litigant’s mental capacity. Sturdza v. United Arab
Emirates, 562 F.3d 1186, 1188 (D.C. Cir. 2009) (“[A] litigant possesses liberty interests in
avoiding the stigma of being found incompetent, and in retaining personal control over the
litigation…”) (citing Neilson v. Colgate–Palmolive Co., 199 F.3d 642, 651 (2d Cir.
1999) (citation omitted)); Ferrelli, 313 F.3d at 201 (“In providing a standard to guide the district
court's discretion in this area, we are mindful of the need to protect the rights of the mentally
incompetent.”). District courts do not have an obligation to inquire sua sponte into a litigant’s
capacity under Rule 17(c). Powell v. Symons, 680 F.3d 301, 307 (3d Cir. 2012); Ferrelli, 313
F.3d at 201.
Although litigants may act in such ways that “suggest some degree of mental
instability,” this behavior does not necessarily suggest that a legal representative should be
appointed. Hudnall v. Sellner, 800 F.2d 377, 385 (4th Cir. 1986). The relevant inquiry under
Rule 17(c)(2) is “whether the litigant is ‘mentally competent to understand the nature and effect
of the litigation she has instituted.’” Wodiuk v. Pueblo Cnty. Sheriff's Dep't Officer Caitlin
Graziano, No. 14-cv-02931, 2017 WL 2438993, at *14 (D. Colo. June 6, 2017) (quoting
3 Scannavino v. Fla. Dep't of Corr., 242 F.R.D. 662, 664 (M.D. Fla. 2007); see also Donnelly v.
Parker, 486 F.2d 402, 407 (D.C. Cir. 1973) (stating that Rule 17(c) may require an inquiry into
the plaintiff's “capacity to understand the meaning and effect of the litigation being prosecuted in
her name”).
B. Appointment of Counsel
Plaintiffs in a civil action do not have a constitutional—or statutory—right to counsel.
Willis v. Fed. Bureau of Investigation, 274 F.3d 531, 532–33 (D.C. Cir. 2001). However, under
“exceptional circumstances,” when “the denial of counsel would result in fundamental
unfairness,” the court has the discretion to appoint counsel. Renoir v. Governor of Va., 755 F.
Supp.
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
JAMES HEDMAN CLARK, : : Plaintiff, : Civil Action No.: 22-cv-2874 (RC) : v. : Re Document No.: 4, 5, 6 : UNITED STATES OF AMERICA, et al., : : Defendants. :
MEMORANDUM OPINION
DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS, DENYING PLAINTIFF’S
MOTION TO BE DECLARED A NON COMPOS MENTIS LITIGANT, DENYING PLAINTIFF’S MOTION
TO BE APPOINTED COUNSEL
I. INTRODUCTION
Plaintiff James Hedman Clark, proceeding pro se, has brought six claims against a
sprawling list of defendants that includes the United States, government officials, and private
entities: (1) declaratory judgment on the identity of a patent under 28 U.S.C. § 3301; (2) action to
quiet title under 28 U.S.C. § 2409(a); (3) Equal Protection violations under the Fourteenth
Amendment; (4) declaratory judgment that Plaintiff’s property was improperly seized under the
Fourth Amendment; (5) Fifth Amendment violations; and (6) a second action to quiet title claim
under 28 U.S.C. § 2409(a). See Compl., ECF No. 1. On January 26, 2023, Plaintiff filed an
application for leave to proceed in forma pauperis. See Application to Proceed in District Court
Without Prepaying Fees or Costs, ECF No. 5. He also filed a motion under Federal Rule of Civil
Procedure 17(c) to determine his disability conditions and status as a non compos mentis litigant,
and a motion to appoint counsel. See Pl. Mot. For This Court to Determine His Disability
Conditions and Status as a “Non Compos Mentis” Litigant (“Pl.’s Rule 17 Motion)”, ECF No. 4; Pl. Mot. to Appoint Counsel to Pl. for Assistance or Representation (“Mot. to Appoint
Counsel”), ECF No. 6. The Court will deny the motion to proceed in forma pauperis, and for the
reasons stated below, the Court will: (1) deny Plaintiff’s Rule 17(c) motion and (2) deny
Plaintiff’s motion to appoint counsel. 1
II. FACTUAL BACKGROUND
Plaintiff claims that he was born with severe attention-deficit/hyperactivity disorder
(ADD/ADHD) that was diagnosed between 1993 and 1994. Pl.’s Rule 17 Mot. at 2. Plaintiff
was prescribed medication to treat his ADD/ADHD from 1994 to 2017. Id. In 2005, Plaintiff
was diagnosed with Generalized Anxiety Disorder (GAD) and was prescribed anxiety
medication until 2017. Id. at 4. During that time Plaintiff claims he “was very diligent and
accomplished,” however after 2017 Plaintiff could no longer obtain “the amount [of] (meds) . . .
prescribed to him from 2005-2017.” Id. at 4–5. While Plaintiff does not explain why he could
no longer access his medication, his inability to secure proper medication since 2017 has
allegedly left him unable to “access the intellectual capacity of his mind” nor to understand “his
legal options.” Id. at 5. Plaintiff claims the United States Social Security Administration has
considered him “permanently” and “totally” disabled since 2005. Id. at 2, 6.
1 Plaintiff’s application states that he has already paid the filing fee and will not seek reimbursement for that fee. Application to Proceed in District Court Without Prepaying Fees or Costs at 4. He seeks to proceed in forma pauperis because he was “unaware of the costs required for service of process to service each of the named defendants” and now believes he cannot afford service. Id. But the current application gives no indication that Plaintiff has explored waiver of service options with the private parties, and the United States parties can be served through the U.S. Attorney’s Office for the District of Columbia, which is now accepting service by email. Therefore, the Court denies the application because Plaintiff has not met his burden to establish that he is unable to pay the fees required to pursue this case.
2 III. LEGAL STANDARD
A. Appointment of Guardian Ad Litem
Rule 17(c) provides district courts with little guidance. Ferrelli v. River Manor Health
Care Ctr., 323 F.3d 196, 201 (2d Cir. 2003). The rule states in part, “[t]he court must appoint a
guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person
who is unrepresented in an action,” Fed. R. Civ. P. 17(c)(2), but is silent on when competency
inquiries are appropriate, and whether pro se plaintiffs are given special consideration. Ferrelli,
323 F.3d at 201. Additionally, the Fifth Amendment’s Due Process Clause limits the processes
that district courts may use to determine a litigant’s mental capacity. Sturdza v. United Arab
Emirates, 562 F.3d 1186, 1188 (D.C. Cir. 2009) (“[A] litigant possesses liberty interests in
avoiding the stigma of being found incompetent, and in retaining personal control over the
litigation…”) (citing Neilson v. Colgate–Palmolive Co., 199 F.3d 642, 651 (2d Cir.
1999) (citation omitted)); Ferrelli, 313 F.3d at 201 (“In providing a standard to guide the district
court's discretion in this area, we are mindful of the need to protect the rights of the mentally
incompetent.”). District courts do not have an obligation to inquire sua sponte into a litigant’s
capacity under Rule 17(c). Powell v. Symons, 680 F.3d 301, 307 (3d Cir. 2012); Ferrelli, 313
F.3d at 201.
Although litigants may act in such ways that “suggest some degree of mental
instability,” this behavior does not necessarily suggest that a legal representative should be
appointed. Hudnall v. Sellner, 800 F.2d 377, 385 (4th Cir. 1986). The relevant inquiry under
Rule 17(c)(2) is “whether the litigant is ‘mentally competent to understand the nature and effect
of the litigation she has instituted.’” Wodiuk v. Pueblo Cnty. Sheriff's Dep't Officer Caitlin
Graziano, No. 14-cv-02931, 2017 WL 2438993, at *14 (D. Colo. June 6, 2017) (quoting
3 Scannavino v. Fla. Dep't of Corr., 242 F.R.D. 662, 664 (M.D. Fla. 2007); see also Donnelly v.
Parker, 486 F.2d 402, 407 (D.C. Cir. 1973) (stating that Rule 17(c) may require an inquiry into
the plaintiff's “capacity to understand the meaning and effect of the litigation being prosecuted in
her name”).
B. Appointment of Counsel
Plaintiffs in a civil action do not have a constitutional—or statutory—right to counsel.
Willis v. Fed. Bureau of Investigation, 274 F.3d 531, 532–33 (D.C. Cir. 2001). However, under
“exceptional circumstances,” when “the denial of counsel would result in fundamental
unfairness,” the court has the discretion to appoint counsel. Renoir v. Governor of Va., 755 F.
Supp. 2d 82, 84 (D.D.C. 2010); Pinson v. U.S. Dep’t of Just., 104 F. Supp. 3d 30, 35 (D.D.C.
2015) (quoting Mays v. Meeks, No. 05–cv-2116, 2006 WL 890671, at *1 (D.D.C. Apr. 5,
2006) (citing 28 U.S.C. § 1915(e)(1)). Courts look to Local Civil Rule 83.11 to determine
whether counsel should be appointed. KRS Processing Inc. v. Am. Soc’y of Composers, Authors
& Publishers, No. 19-cv-167, 2020 WL 7319250, at *2 (D.D.C. Feb. 12, 2020). Specifically,
Local Civil Rule 83.11(b)(3) provides four factors for consideration: “(i) [n]ature and complexity
of the action[,] (ii) [p]otential merit of the pro se party's claims[,] (iii) [d]emonstrated inability . .
. to retain counsel by other means[,] and (iv) [d]egree to which the interests of justice will be
served by appointment of counsel. . . .” LCvR 83.11(b)(3).
IV. ANALYSIS
A. Rule 17(c) Motion
Plaintiff claims he should be considered mentally incompetent and be appointed a
guardian ad litem because of “‘permanent’ and ‘total’ disabilities” that have developed due to his
ADD/ADHD and GAD. Pl.’s Rule 17 Mot. at 2–4. In deciding whether to appoint a guardian ad
4 litem, the Court looks to verifiable evidence of Plaintiff’s alleged incompetence, such as “actual
documentation or testimony by a mental health professional, a court of record, or a relevant
public agency” about his mental capacity. Ferrelli, 313 F.3d at 201 n.4; see also Neilson, 199
F.3d at 645 (affirming the district court’s appointment of a guardian ad litem because plaintiff
had previously been committed to psychiatric hospitals); Bowen v. Rubin, 213 F. Supp. 2d 220,
223–24 (E.D.N.Y. 2001) (granting plaintiff’s motion to appoint guardian ad litem because
plaintiff submitted declarations from treating psychiatrists); Blatch v. Franco, No. 97-cv-3918,
1998 WL 265132, at *9 (S.D.N.Y. May 26, 1998) (granting motion to appoint guardian ad litem
because plaintiff’s mental competency was previously called into question in past/separate legal
proceedings).
Here, Plaintiff has failed to submit sufficient evidence to support his claim of
incompetence. See generally Pl.’s Rule 17 Mot. While Plaintiff claims to have been treated by
various psychiatric professionals between 1993 and 2017, Plaintiff admits the treatments stopped
in 2017. Id. at 2–5. Furthermore, in a separate filing, Plaintiff explained he has not received
new mental health treatment because he is “currently subjected to Mass Surveillance.” Pl.’s
Mot. to Appoint Counsel at 5–6. Although Plaintiff can occasionally do a walk-in appointment,
Plaintiff believes that the “Mass Surveillance” team is keeping him from scheduling follow-up
appointments with his doctors. Id. Thus, Plaintiff is unable to provide a declaration from a
treating psychiatrist about his mental state.
Additionally, Plaintiff’s motion fails to show that his mental capacity has been
conclusively resolved by a court or public agency. Plaintiff claims that the United States Social
Security Administration determined that he qualifies for Social Security Disability Benefits
“sometime between April, of 2008; through March of 2010.” Pl.’s Rule 17 Mot. at 2. However,
5 a determination of whether an individual has the capacity to work is different from a
determination regarding an individual’s ability to “understand [his] legal obligations.” Wagner v.
Akin Gump Strauss Hauer & Feld, LLP, No. 16-cv-568, 2017 WL 6942436, at *1 (D.D.C. Feb.
16, 2017); see Smith-Haynie v. District of Columbia, 155 F.3d 575, 580 (D.C. Cir. 1998) (“The
disability of a person claiming to be non compos mentis must be ‘of such a nature as to show [he]
is unable to manage [his] business affairs or estate, or to comprehend [his] legal rights or
liabilities.’”) (citation omitted). Therefore, the Social Security Administration’s decision
regarding Plaintiff’s Social Security Disability Benefits is insufficient to support appointing a
guardian ad litem.
Ultimately, although Plaintiff does assert his own mental incapacity, self-assertion is
insufficient to trigger the Court’s obligations under Rule 17. Ferrelli, 313 F.3d at 202.
Plaintiff’s filings are at times disordered and conspiratorial, but his “bizarre behavior” does not
rise to the level that justifies the appointment of a guardian ad litem. See id. at 203. The Court is
unconvinced that Plaintiff lacks the mental competency “to understand the nature and effect of
the litigation [he] has instituted.’ Wodiuk, 2017 WL 2438993, at *14. Thus, the Court will deny
Plaintiff’s Rule 17 motion.
B. Appointing Counsel
Plaintiff, in anticipation of “this court determining Plaintiff’s Disability Condition(s)
don’t qualify him to proceed in this action as a NON COMPOS MENTIS litigant,” has also filed
a motion to appoint counsel. Pl.’s Mot. to Appoint Counsel at 1 (emphasis in the original).
However, because Plaintiff does not have a right to counsel the court must weigh four factors to
determine whether this case presents an “exceptional circumstance.” See Willis, 274 F.3d at 532–
33; Renoir, 755 F. Supp. 2d at 84. First, this claim is not complex because it can be resolved by
6 determining whether Plaintiff had a valid patent, and whether the government violated said
patent. Furthermore, it is unclear whether Plaintiff’s claims have merit considering he has had
similar claims dismissed before. Pl.’s Mot. to Appoint Counsel at 5–8. The third factor weighs
most heavily against Plaintiff because he has made little effort to secure counsel. Id. at 5.
Plaintiff admits that he has only met with potential attorneys as a walk-in and refuses to schedule
follow-up meetings electronically. Id. at 6. While Plaintiff claims he has “no money; and
therefore, [cannot] compensate an attorney,” the fact remains that Plaintiff has not made
sufficient efforts to retain counsel by other means. Id. Lastly, the Court does not believe the
interests of justice will be served by appointing counsel because Plaintiff has failed to show why
his case is an exceptional circumstance compared to other pro se cases. Therefore, Plaintiff’s
motion is denied.
V. CONCLUSION
For the foregoing reasons, Plaintiff’s application to proceed in forma pauperis (ECF No.
5) is DENIED, Plaintiff’s motion to determine Plaintiff’s disability conditions and status as a
non compos mentis litigant (ECF No. 4) is DENIED, and Plaintiff’s motion to appoint counsel
(ECF No. 6) is DENIED. An order consistent with this Memorandum Opinion is separately and
contemporaneously issued.
Dated: September 28, 2023 RUDOLPH CONTRERAS United States District Judge