Smith v. Centurion Medical

• Court: District Court, D. Nevada
• Decided: July 15, 2025
• Docket: 2:23-cv-01030
• Status: Unknown

Opinion

2 DISTRICT OF NEVADA

3 * * *

4 Robert A. Smith, Case No. 2:23-cv-01030-RFB-BNW

5 Plaintiff, ORDER 6 v.

7 Centurion Medical, et al.,

8 Defendants.

10 The Court screened Plaintiff’s first amended complaint, deferred the matter of the filing 11 fee, and allowed Plaintiff to proceed with certain Eighth Amendment claims for deliberate 12 indifference to serious medical needs and First Amendment claims for retaliation. (ECF No. 19.) 13 The Court also referred this case to the Inmate Early Mediation program, and a mediation 14 conference is scheduled to take place at 1:00 p.m. on August 8, 2025, via video conference. (ECF 15 No. 22.) Pending before the Court is Plaintiff’s motion for appointment of counsel (ECF No. 20) 16 and “emergency motion notice to Court.” (ECF No. 23.) 17 In the motion for appointment of counsel, Plaintiff asks the Court to appoint him counsel 18 because he has cataracts, and his eyesight has deteriorated to the point that he cannot read. (ECF 19 No. 20 at 3.) In the “emergency motion,” Plaintiff again asks the Court to appoint counsel based 20 on his poor eyesight. (ECF No. 23 at 3–4.) Plaintiff also asks that the mediation take place by video 21 conference, be conducted verbally, and be recorded. (Id.) 22 A litigant does not have a constitutional right to appointed counsel in a civil case. Storseth 23 v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). The statute that governs this type of litigation, 24 28 U.S.C. § 1915(e)(1), provides that “[t]he court may request an attorney to represent any person 25 unable to afford counsel.” However, the Court will appoint counsel for indigent civil litigants only 26 in “exceptional circumstances.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). “When 27 determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of 28 success on the merits as well as the ability of the petitioner to articulate his claims pro se in light 1 || of the complexity of the legal issues involved.” /d. (quoting Weygandt v. Look, 718 F.2d 952, 954 2 || (9th Cir. 1983)). “Neither of these considerations is dispositive and instead must be viewed 3 || together.” /d. (citing Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). 4 The Court does not find that appointment of counsel is warranted at this time. Based on 5 || Plaintiff's most recent filing (ECF No. 22), which he prepared himself, it appears that Plaintiff can 6 || articulate his case to the extent necessary to make a good faith effort to participate in the mediation 7 || conference. The mediation will be held by video conference, and during the mediation, the 8 || mediator will meet separately with each party to verbally discuss the case and settlement offers. 9 || Asa result, counsel is not necessary for Plaintiff to participate in the mediation and determine if 10 || he can reach a settlement. 11 The Court therefore denies Plaintiff's motion for appointment of counsel and emergency 12 || motion without prejudice. If the parties do not settle by the conclusion of the mediation conference, 13 || then Plaintiff may file a renewed motion for appointment of counsel, and the Court will consider 14 || it in due course. If Plaintiff files renewed motion for appointment of counsel, he should clearly 15 || explain how the current status of his vision impacts his ability to prosecute this action himself. 16 IT IS THEREFORE ORDERED that Plaintiff's motion for appointment of counsel (ECF 17 || No. 20) and emergency motion (ECF No. 23) are DENIED without prejudice. 18 IT IS FURTHER ORDERED that the mediation remains set for 1:00 p.m. on August 8, 19 || 2025, via video conference. 20 IT IS FURTHER ORDERED that the Clerk of Court is kindly requested to send Plaintiff 21 || acourtesy copy of the order setting the mediation conference, which includes information to assist 22 || Plaintiff in preparing for mediation. (ECF No. 22.) 23 DATED: July 15, 2025. 24 25 KK gr la sre Brenda Weksler 26 United States Magistrate Judge 27 28