(PC) Choate v. Fowler

Opinion

GEORGE G. CHOATE, 1:19-cv-00473-LJO-SKO (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO SEND PLAINTIFF FIRST v. INFORMATIONAL ORDER

KINGS COUNTY SHERIFF, et al., (Docs. 3, 13) Defendants.

On November 20, 2019, Plaintiff George G. Choate filed a letter with the Court. (Doc. 13.) In the letter, Plaintiff asks how to obtain a lawyer, among other questions, and states that he lost the “response paperwork that was sent to [him] after [he] filed the lawsuit.” (Id.) As an initial matter, the Court generally disregards or strikes letters to the Court. (See Doc. 3 at 2.) If Plaintiff seeks an order from the Court, he must file a motion, not a letter. See Fed. R. Civ. P. 7(b). In addition, the Court cannot provide legal advice to a party. Hastings v. Gipson, No. 1:14-cv-01271-LJO-EPG (HC), 2016 WL 4943976, at *2 (E.D. Cal. 2016). To the extent that Plaintiff seeks legal advice or materials, the Court DENIES the request. Second, plaintiffs do not have a constitutional right to appointed counsel in section 1983 actions. Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). However, in “exceptional circumstances,” the Court may request the voluntary assistance of counsel. Id. at 1525. The Court declines to do so here, absent a showing by motion of exceptional circumstances. Finally, the Court assumes that, by “response paperwork sent … after [he] filed the lawsuit,” Plaintiff means the First Informational Order in Prisoner/Civil Detainee Civil Rights Case, (Doc. 3). To the extent that Plaintiff seeks a second copy of the order, the Court DIRECTS the Clerk’s Office to send Plaintiff a copy, (Doc. 3). As set forth above, if Plaintiff makes future requests of the Court, he must file a motion pursuant to Federal Rule of Civil Procedure 7. IT IS SO ORDERED.

Sheila K. Oberto Dated: December 2, 2019 /s/ . UNITED STATES MAGISTRATE JUDGE