Harris v. Gittere

D. Nevada

Harris v. Gittere

DecidedFebruary 4, 2025

Docket3:22-cv-00042

StatusUnknown

This text of Harris v. Gittere (Harris v. Gittere) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harris v. Gittere, (D. Nev. 2025).

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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 BARRY HARRIS, Case No. 3:22-cv-00042-ART-CSD 5 Plaintiff, ORDER REGARDING APPOINTMENT 6 OF COUNSEL v. 7 WILLIAM GITTERE, et al., 8 Defendants. 9 10 Pro se Plaintiff Barry Harris brings this action under 42 U.S.C. § 1983. 11 The Court screened Plaintiff’s second amended complaint (ECF No. 8) and 12 allowed him to proceed with his Eighth Amendment, Fourteenth Amendment, 13 and retaliation claims against Defendants Gittere, Reubart, and Bodenheimer. 14 (ECF No. 10.) Mr. Harris filed a motion for appointment of counsel, which the 15 Court granted, finding exceptional circumstances. (ECF Nos. 43; 44.) Mr. 16 Harris’s case was referred to the Court’s Pro Bono Program. However, the Pro 17 Bono program was unable to find counsel for Mr. Harris. (ECF No. 70.) 18 The Court notes that Plaintiff is currently represented by the Federal 19 Public Defender’s Office (“FPD”) in a separate suit for habeas corpus relief, Case 20 No. 3:20-cv-00695-MMD-WGC. 21 In district courts, the appointment of counsel for persons financially 22 unable to obtain representation in criminal cases is governed by 18 U.S.C. § 23 3006A. “A person for whom counsel is appointed shall be represented at every 24 stage of the proceedings from his initial appearance before the United States 25 magistrate judge or the court through appeal, including ancillary matters 26 appropriate to the proceedings.” 18 U.S.C. § 3006A(c). Ancillary matters include 27 proceedings sufficiently related to the underlying criminal case. See United 28 States v. Martinson, 809 F.2d 1364, 1370 (9th Cir. 1987). 1 It is therefore ordered that the Clerk of the Court is directed to 2 || electronically serve upon the FPD a copy of this Order. 3 The FPD is ordered to confirm with the Court, within 30 days of this 4 || order, (1) whether Mr. Harris’s case is ancillary, and (2) whether the FPD is 5 || willing to be appointed as counsel in this matter. 6 7 Dated this 4th day of February, 2025. 8 9 Ana jlosed Jer 10 ANNE R. TRAUM 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 BARRY HARRIS, Case No. 3:22-cv-00042-ART-CSD 5 Plaintiff, ORDER REGARDING APPOINTMENT 6 OF COUNSEL v. 7 WILLIAM GITTERE, et al., 8 Defendants. 9 10 Pro se Plaintiff Barry Harris brings this action under 42 U.S.C. § 1983. 11 The Court screened Plaintiff’s second amended complaint (ECF No. 8) and 12 allowed him to proceed with his Eighth Amendment, Fourteenth Amendment, 13 and retaliation claims against Defendants Gittere, Reubart, and Bodenheimer. 14 (ECF No. 10.) Mr. Harris filed a motion for appointment of counsel, which the 15 Court granted, finding exceptional circumstances. (ECF Nos. 43; 44.) Mr. 16 Harris’s case was referred to the Court’s Pro Bono Program. However, the Pro 17 Bono program was unable to find counsel for Mr. Harris. (ECF No. 70.) 18 The Court notes that Plaintiff is currently represented by the Federal 19 Public Defender’s Office (“FPD”) in a separate suit for habeas corpus relief, Case 20 No. 3:20-cv-00695-MMD-WGC. 21 In district courts, the appointment of counsel for persons financially 22 unable to obtain representation in criminal cases is governed by 18 U.S.C. § 23 3006A. “A person for whom counsel is appointed shall be represented at every 24 stage of the proceedings from his initial appearance before the United States 25 magistrate judge or the court through appeal, including ancillary matters 26 appropriate to the proceedings.” 18 U.S.C. § 3006A(c). Ancillary matters include 27 proceedings sufficiently related to the underlying criminal case. See United 28 States v. Martinson, 809 F.2d 1364, 1370 (9th Cir. 1987). 1 It is therefore ordered that the Clerk of the Court is directed to 2 || electronically serve upon the FPD a copy of this Order. 3 The FPD is ordered to confirm with the Court, within 30 days of this 4 || order, (1) whether Mr. Harris’s case is ancillary, and (2) whether the FPD is 5 || willing to be appointed as counsel in this matter. 6 7 Dated this 4th day of February, 2025. 8 9 Ana jlosed Jer 10 ANNE R. TRAUM 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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