Pinson v. United States Department of Justice

CourtDistrict Court, District of Columbia
DecidedAugust 5, 2021
DocketCivil Action No. 2018-0486
StatusPublished

This text of Pinson v. United States Department of Justice (Pinson v. United States Department of Justice) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pinson v. United States Department of Justice, (D.D.C. 2021).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JEREMY PINSON, : : Plaintiff, : Civil Action No.: 18-486 (RC) : v. : Re Document No.: 103, 112, 119, 124 : U.S. DEPARTMENT OF JUSTICE, et al, : : Defendants. :

MEMORANDUM OPINION

DENYING PLAINTIFF’S RENEWED MOTION TO APPOINT COUNSEL, PLAINTIFF’S MOTION TO APPOINT COUNSEL, PLAINTIFF’S MOTION FOR DISCOVERY OR TO APPOINT COUNSEL, AND PLAINTIFF’S MOTION FOR AN ORDER LIMITING EXTENSIONS OF TIME AND FOR RECONSIDERATION REGARDING APPOINTMENT OF COUNSEL

I. INTRODUCTION

Pro se plaintiff Jeremy (“Grace”) Pinson 1 is an inmate at U.S. Penitentiary (“USP”)

Coleman II in Florida. While in federal custody, Pinson filed multiple Freedom of Information

Act (“FOIA”) requests, seeking records from several component agencies of the U.S.

Department of Justice (“DOJ”) and the Central Intelligence Agency. She filed suit after

allegedly receiving inadequate responses to these requests, asserting violations of the FOIA, 5

U.S.C. § 552, and the Privacy Act, id. § 552a. Throughout the course of litigation, Pinson has

also raised First and Eighth Amendment claims against various former and current government

employees. This Court has already addressed several of these claims. See Pinson v. Dep’t of

Justice, No. 18-cv-0486, 2020 WL 1509517 (D.D.C. Mar. 30, 2020). Before it today are several

of Pinson’s motions: four motions regarding appointment of counsel, a motion for limited

1 Pinson self-identifies using feminine pronouns, so the Court follows suit. discovery, and a motion for an order limiting extensions for filing deadlines. For the reasons set

forth below, the Court denies all motions.

II. BACKGROUND

The Court has already explained the factual background of this case in detail in its prior

opinions. See, e.g., Pinson v. DOJ, No. 18-cv-486, 2018 WL 5464706, at *1–2 (D.D.C. Oct. 29,

2018); Pinson, 2020 WL 1509517, at *2–13. It assumes familiarity with its prior opinions and

confines discussion to the facts most relevant to resolving the present motions.

Currently, Pinson has several pending motions on the Court’s docket. In the first of these

motions, Pinson renews her request that the Court appoint her counsel—a request the Court has

repeatedly denied. See Pl.’s Renewed Mot. to Appoint Counsel, ECF No. 103; see also Pinson,

2018 WL 5464706, at *8–9; Pinson v. U.S. DOJ, No. 18-cv-486, 2019 WL 1284595, at *4

(D.D.C. Mar. 20, 2019); Min. Order (May 28, 2019); Pinson, 2020 WL 1509517, at *26–27. 2

She asserts that, as a result of a COVID-19-related prison lockdown, she has no access to the

prison’s law library resources, which she needs to litigate this case and seek counsel on her own.

See Pl.’s Renewed Mot. to Appoint Counsel at 1–2. Since then, Pinson has been transferred

from USP Tucson to USP Coleman II in Florida. See Pl.’s Notice of Change of Address, ECF

No. 111. Shortly after her arrival at USP Coleman II, Pinson filed another motion to appoint

counsel. See Pl’s Mot. to Appoint Counsel, ECF No. 112. She now argues that she has limited

access to the prison law library but has been unable to receive approval for additional time to use

the library’s resources. Id. at 2. Pinson also claims that “life-threatening” living conditions

substantially limit her ability to use telecommunications devices to obtain an attorney. Id. at 1.

2 Pinson has previously sought appointment of counsel six times. See ECF Nos. 13, 39, 53, 66, 67, 77.

2 The next matter to be decided by the Court involves Pinson’s motion for an order

permitting limited discovery under Rule 56(d) of the Federal Rules of Civil Procedure or, in the

alternative, to appoint counsel. See Pl.’s Mot. for Limited Discovery or to Appoint Counsel,

ECF No. 119. In this motion, Pinson does not offer additional support to justify appointment of

counsel. As to her discovery request, Pinson seeks information to respond to assertions made by

the Defendants in support of their pending motion to dismiss. Specifically, Pinson seeks

discovery on: (1) the “issue of availability of administrative remedies” accessible to inmates to

show that such remedies were unavailable to her; (2) evidence of Defendant Anderl’s contacts

with individuals in Washington, D.C., to defend against Defendants’ personal jurisdiction

challenge; and (3) the release of evidence received through discovery in a separate case. Id. at 9.

Lastly, Pinson requests an order imposing limits on Defendants’ ability to obtain

extensions of time to answer Pinson’s filings. See Pl.’s Mot. for Order Limiting Extension of

Time Mots., ECF No. 124. She asks the Court to prohibit Defendants from requesting additional

time to respond to Pinson’s amended complaint except in “extraordinary circumstances.” Id. at

5. In this same motion, Pinson also seeks reconsideration on the previous denials of appointment

of counsel. Id. at 1. In doing so, Pinson does not present any arguments in favor of

reconsideration. The Court will now address Pinson’s motions concerning appointment of

counsel together before discussing her remaining requests.

III. ANALYSIS

A. Motions for Appointment of Counsel

While FOIA does not contain a provision authorizing appointment of counsel, federal

courts are permitted by statute “to request an attorney to represent any person unable to afford

counsel.” 28 U.S.C. § 1915(e)(1); see also Willis v. FBI, 274 F.3d 531, 532 (D.C. Cir. 2001).

3 However, a civil litigant is not guaranteed counsel. Gaviria v. Reynolds, 476 F.3d 940, 943

(D.C. Cir. 2007). “Instead, the district court judge controls the ‘discretionary’ decision of

whether to appoint counsel, and that decision ‘will be set aside only for abuse.’” Pinson v. DOJ,

273 F. Supp. 3d 1, 4 (D.D.C. 2017) (quoting Willis, 274 F.3d at 532). Local Civil Rule 83.11

outlines four factors courts should balance when deciding motions for appointment of counsel:

(i) the nature and complexity of the action; (ii) the potential merit of the pro se party’s claims;

(iii) the demonstrated inability of the pro se party to retain counsel by other means; and (iv) the

degree to which the interests of justice will be served by appointment of counsel, including the

benefit the court may derive from the assistance of the appointed counsel. D.D.C. Civ. R.

83.11(b)(3); see also Williams v. Court Servs. & Offender Supervision Agency for D.C., 878 F.

Supp. 2d 263, 266–68 (D.D.C. 2012) (applying factors). Any one factor may be controlling. See

Willis, 274 F.3d at 532; Pinson, 273 F. Supp. 3d at 5.

As previously noted, this Court has already considered and denied Pinson’s requests for

assigned counsel. The Court remains unpersuaded that any of the four factors delineated in the

local rule justify appointment of counsel in this case.

As to the first factor, while this Court has recognized that this action is “reasonably

complex,” Pinson has proven substantially capable in prosecuting this action.

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