Lastorina-Snyder v. Correctional Facility Elmwood

United States District Court for the Northern District of California

Lastorina-Snyder v. Correctional Facility Elmwood

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARIO LASTORINA-SNYDER, Case No. 25-cv-04305-JSC

8 Plaintiff, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND 9 v. TO AMEND CASE NAME; EXTENDING TIME TO FILE 10 CORRECTIONAL OFFICER OKPAIA, et AMENDED COMPLAINT al., 11 Re: Dkt. Nos. 11, 14 Defendants.

12 13 Plaintiff has filed a motion for appointment of a lawyer to represent him in this civil rights 14 case. There is no right to counsel in a civil case such as this. See Lassiter v. Dep't of Social 15 Services,

452 U.S. 18, 25

(1981). The decision to request counsel to represent an indigent litigant 16 is within “the sound discretion of the trial court and is granted only in exceptional circumstances.” 17 Franklin v. Murphy,

745 F.2d 1221, 1236

(9th Cir. 1984). Plaintiff asserts no exceptional 18 circumstances in his one-sentence motion, nor are any apparent from the record. At least at this 19 stage, the issues in this case are not sufficiently complex, nor has Plaintiff shown the inability to 20 present his claims such that the interests of justice necessitate referral for location of pro bono 21 counsel to assist him. Plaintiff’s motion for appointment of counsel is DENIED. Should referral 22 for location of pro bono counsel become necessary at a later time, the Court will issue a referral 23 order on its own; Plaintiff need and shall not request appointment of counsel in this Court again. 24 Good cause appearing, the deadline for Plaintiff to file an amended complaint is extended 25 to, and including, October 15, 2025. If Plaintiff fails to file an amended complaint within the 26 designated time, or if the amendment is not sufficient, the case may be dismissed. 27 // 1 Plaintiff’s motion to amend the case name to “Snyder v. Jonson” is DENIED because the 2 complaint does not include a defendant named Jonson. 3 This order disposes of docket numbers 11, 14. 4 IT IS SO ORDERED. 5 Dated: September 16, 2025 6 7 JACQUELINE SCOTT CORLEY 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Reference

Status
Unknown