Daniels v. Dimmock Street Community Health Center LLC

District Court, D. Massachusetts

Daniels v. Dimmock Street Community Health Center LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

TACOMA DANIELS, Civil Action No. 22-cv-12208-DLC

Plaintiff,

v. ORDER DIMMOCK STREET COMMUNITY HEALTH CENTER,

Defendant.

CABELL, Magistrate Judge

Tacoma Daniels initiated this action by filing a pro se civil complaint and he has been granted leave to proceed in forma pauperis. Daniels was ordered to file, on or before April 14, 2023, an amended complaint that asserts a basis for this court’s jurisdiction and states a plausible claim for relief. ECF No. 7. On April 3, 2023, Daniels filed motions to appoint counsel and for extension of time to file an amended complaint. ECF Nos. 8, 9. Upon review of these documents, the Court hereby orders: 1. The motion [ECF No. 8] for appointment of counsel is DENIED WITHOUT PREJUDICE. . There is no constitutional right to a free lawyer in a civil case. See DesRosiers v. Moran,

949 F.2d 15, 24

(1st Cir. 1991). The court does not have the funds to pay attorneys to represent plaintiffs in civil cases and will appoint counsel only in cases that present exceptional circumstances likely to result in denial of a fundamental right. The plaintiff qualifies as indigent, as evidenced by the fact that he has been granted leave to proceed in forma pauperis. However, he has not demonstrated exceptional circumstances. Nearly all pro se parties that institute litigation are untrained in the law and have no experience researching and preparing legal arguments, filing motions, and subpoenaing witnesses.

2. The motion [ECF No. 9] for extension of time to file an amended complaint is ALLOWED. The court extends the deadline to May 31, 2023, for plaintiff to file

an amended complaint that asserts a basis for this court’s subject matter jurisdiction and states a plausible claim for relief. Failure to comply with this Order in the requisite time frame likely will result in the dismissal of this action pursuant to

28 U.S.C. §1915

(e)(2)(B). /s/ Donald L. Cabell DONALD L. CABELL, U.S.M.J. DATED: April 27, 2023

Reference

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