Swanson v. County of Contra Costa

• Court: District Court, N.D. California
• Decided: February 21, 2024
• Docket: 4:21-cv-06419
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JESSE SWANSON, Case No. 21-cv-06419-JST

8 Plaintiff, ORDER ADDRESSING RECENT 9 v. PLEADINGS; DIRECTONS TO CLERK; REQUEST TO CONTRA 10 COUNTY OF CONTRA COSTA, et al., COSTA COUNTY SHERIFF’S OFFICE 11 Defendants. Re: ECF Nos. 42, 43, 45-50, 54, 56

12 13 Plaintiff, a pretrial detainee housed at West County Detention Facility, has filed this pro se 14 action. On September 29, 2023, the Court granted Defendants’ motion to dismiss the amended 15 complaint and dismissed the Fourteenth Amendment claim regarding his medical treatment, or 16 lack thereof, with leave to amend and dismissed Contra Costa County and the remaining claims 17 with prejudice. ECF No. 41. Plaintiff filed a second amended complaint on November 29, 2023. 18 ECF No. 50. A motion to dismiss that complaint is now ripe. ECF Nos. 51, 53, 55. This order 19 addresses Plaintiff’s recent pleadings alleging mistreatment at the prison and making certain 20 requests. ECF Nos. 42, 43, 45-50, 54, 56. 21 DISCUSSION 22 I. Allegations of Mistreatment 23 Since the Court’s September 29, 2023 Order, Plaintiff and his fiancé have filed numerous 24 letters with the Court, alleging the following: 25 – he is not receiving court mail and other mail, ECF Nos. 42, 43, 45, 48, 49; 26 – he has been unsuccessful in filing grievances regarding his medical care, ECF No. 47; 27 – he has not been allowed to make copies, ECF No. 47; and 1 The Court is limited in the relief that it can order in this action. The Court has jurisdiction only 2 over the parties in this action and may only consider the cognizable claims raised in this action. 3 Currently, there is no operative complaint and Contra Costa County has been dismissed as a 4 defendant. Plaintiff has been granted leave to file a second amended complaint to address the 5 deficiencies identified in his Fourteenth Amendment claim regarding his medical care. While the 6 remaining defendants, all Contra Costa County medical staff, remain in this action, there are 7 currently no claims against them. Accordingly, the Court cannot address Plaintiff’s claims for 8 relief. 9 If Plaintiff seeks relief for lack of access to his mail or to the courts or for more instances 10 of inadequate medical treatment outside of what has been alleged in this action, he may file 11 separate actions seeking relief. The Clerk of the Court is directed to send Plaintiff two blank 12 copies of the Court’s prisoner complaint form. 13 With respect to Plaintiff’s claims that he has not received his mail, the Court requests that 14 Contra Costa County jail officials assist Plaintiff in receiving his mail in a timely manner. The 15 Clerk of the Court is directed to send a courtesy copy of this order to Contra Costa County Sheriff 16 David O. Livingston, at 1850 Muir Road, Martinez, CA 94533. 17 The Court will again send Plaintiff courtesy copies of the Court’s recent orders (ECF Nos. 18 41, 44) under separate cover. 19 II. Plaintiff’s Requests 20 Plaintiff also makes the following requests:

21 – that the Court provide him with help because he has dyslexia and has been in special education schools his entire life, ECF No. 45; 22 – that the Court call his attorney Linda Fullerton, ECF No. 45; 23 – that the Court send him court orders with a tracking number and a signature 24 verification requirement, so that his fiancé can track the Court mailings and verify whether the Contra Costa County Sheriff’s Department has received the court mailings, 25 ECF No. 46;

26 – that he be allowed to appear before the Court to summarize his case and to inform the Court of Contra Costa County’s questionable handling of inmate mail and the 27 questionable medical treatment that he has been provided, ECF No. 46; – that he be allowed to resubmit the second amended complaint he filed on November 1 29, 2023, ECF No. 52;

2 – that the Court provide assistance with his upcoming competency trial, ECF No. 54; and

3 – that the Court provide either “help” or a trial, ECF No. 56. 4 The Court DENIES Plaintiff’s requests for the following reasons. 5 The Court construes the request for help (ECF No. 45) as a request for assistance of 6 counsel. The Court DENIES Plaintiff’s requests for appointment of counsel for failure to 7 demonstrate exceptional circumstances. There is no constitutional right to counsel in a civil case 8 unless an indigent litigant may lose his physical liberty if he loses the litigation. See Lassiter v. 9 Dep’t of Social Services, 452 U.S. 18, 25 (1981). However, a court “may request an attorney to 10 represent any person unable to afford counsel.” 28 U.S.C. § 1915(e)(1). Appointing counsel is 11 within the court’s discretion and is granted only in exceptional circumstances. Wilborn v. 12 Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986) (referring to 28 U.S.C. § 1915(d), which was 13 subsequently renumbered to 28 U.S.C. § 1915(e)(1)). A finding of “exceptional circumstances” 14 requires an evaluation of the likelihood of the plaintiff’s success on the merits and an evaluation of 15 the plaintiff’s ability to articulate his claims pro se in light of the complexity of the legal issues 16 involved. See Agyeman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). 17 Both of these factors must be viewed together before reaching a decision on a request for counsel 18 under § 1915. See id. The likelihood of Plaintiff’s success on the merits is unclear at this point 19 and Plaintiff has been able to find assistance to articulate his claims pro se. The requests for 20 appointment of counsel (ECF No. 45) is therefore denied for lack of exceptional circumstances 21 without prejudice to the Court sua sponte appointing counsel in the future should the 22 circumstances so require. 23 The Court DENIES Plaintiff’s request that the Court send his orders with a tracking 24 number and signature verification requirement. ECF No. 46. The Court has served Plaintiff with 25 court orders as required by Fed. R. Civ. P. 77(d), which does not require either a tracking number 26 or signature verification upon receipt. 27 The Court DENIES Plaintiff’s request that the Court call his attorney Linda Fullerton and 1 allegations of mistreatment. ECF Nos. 45, 46. There is currently no operative complaint and no 2 pending motions, so taking evidence at this stage is premature. 3 The Court DENIES Plaintiff’s request to resubmit his complaint because there is no need 4 for that document to be filed again. Plaintiff successfully filed his second amended complaint on 5 November 29, 2023. ECF No. 50. 6 The COURT denies Plaintiff’s request that the Court provide assistance with Plaintiff’s 7 upcoming competency trial. ECF No. 54. This Court does not have jurisdiction over that 8 proceeding. 9 The Court denies Plaintiff’s request that the Court provide either “help” or “a trial.” ECF 10 No. 56. The Court is in the process of determining whether Plaintiff has plausibly alleged 11 cognizable claims. The Court is not yet in a position to determine whether and when a trial will 12 occur in this case. 13 CONCLUSION 14 For the foregoing reasons, the Court orders as follows. 15 1. The Court DENIES Plaintiff’s request for counsel without prejudice to the Court 16 sua sponte appointing counsel in the future should the circumstances so require. ECF No. 45. 17 The Court DENIES Plaintiff’s request to send future court orders with a tracking number and 18 signature verification upon receipt. ECF No. 46. The Court DENIES Plaintiff’s request that the 19 Court call his attorney Linda Fullerton, ECF No. 45, and his request for a hearing, ECF No. 46. 20 2. The Clerk of the Court is directed to send Plaintiff two blank copies of the Court’s 21 prisoner complaint form. The Clerk of the Court is also directed to send a courtesy copy of this 22 order to Contra Costa County Sheriff David O. Livingston, at 1850 Muir Road, Martinez, CA 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 1 94533. With respect to Plaintiff’s claims that he has not received his mail, the Court 2 || requests that Contra Costa County jail officials assist Plaintiff in receiving his mail in a 3 timely manner. 4 IT IS SO ORDERED. ® 5 || Dated: February 21, 2024 6 JON S. TIGAR 7 nited States District Judge 8 9 10 11 12

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