1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 MARQUE GARDELEY, Case No. 3:24-cv-00111-MMD-CSD 4 Plaintiff, ORDER 5 v.

6 JAMES DZURENDA, et al.,

7 Defendants.

8 9 This action began with a pro se civil rights complaint filed pursuant to

1983 by a state prisoner. Plaintiff has submitted two applications to proceed in forma 11 pauperis. (ECF Nos. 6, 7). Based on the financial information provided, the Court finds 12 that Plaintiff is unable to prepay the full filing fee in this matter. 13 The Court entered a screening order on October 19, 2024. (ECF No. 20). The 14 screening order imposed a 90-day stay and the Court entered a subsequent order in 15 which the parties were assigned to mediation by a court-appointed mediator. (ECF Nos. 16 20, 23). The parties did not settle at mediation. (ECF No. 26). This case will now proceed 17 onto the normal litigation track. 18 Plaintiff also filed two motions for appointment of counsel. (ECF Nos. 9, 18). A 19 litigant does not have a constitutional right to appointed counsel in

civil 20 rights claims. Storseth v. Spellman,

(9th Cir. 1981). Pursuant to 28

(e)(1), “[t]he court may request an attorney to represent any person unable 22 to afford counsel.” However, the court will appoint counsel for indigent civil litigants only 23 in “exceptional circumstances.” Palmer v. Valdez,

(9th Cir. 2009) (§ 24 1983 action). “When determining whether ‘exceptional circumstances’ exist, a court must 25 consider ‘the likelihood of success on the merits as well as the ability of the petitioner to 26 articulate his claims pro se in light of the complexity of the legal issues 27 1 involved.” Id. “Neither of these considerations is dispositive and instead must be viewed 2 together.” Id. 3 In this case, the Court does not find exceptional circumstances that warrant the 4 appointment of counsel. Plaintiff is hearing impaired, but he has been able to 5 communicate effectively with the Court and Defendants. The screening order found that 6 Plaintiff successfully stated colorable claims that do not appear to be particularly complex 7 at this time. The Court denies the motions for appointment of counsel without prejudice. 8 For the foregoing reasons, IT IS ORDERED that: 9 1. Plaintiff’s applications to proceed in forma pauperis (ECF Nos. 6, 7) are 10 GRANTED. Plaintiff shall not be required to pay an initial installment of the filing fee. In 11 the event that this action is dismissed, the full filing fee must still be paid pursuant to 28

(b)(2). 13 2. The movant herein is permitted to maintain this action to conclusion without 14 the necessity of prepayment of any additional fees or costs or the giving of security 15 therefor. 16 3. Pursuant to

, the Nevada Department of Corrections will 17 forward payments from the account of Marque Gardeley, #1099633 to the Clerk of the 18 United States District Court, District of Nevada, 20% of the preceding month's deposits 19 (in months that the account exceeds $10.00) until the full $350 filing fee has been paid 20 for this action. The Clerk of the Court will send a copy of this order to the Finance Division 21 of the Clerk’s Office. The Clerk will send a copy of this order to the attention of Chief of 22 Inmate Services for the Nevada Department of Corrections at 23 [email protected]. 24 4. The Clerk of the Court shall electronically SERVE a copy of this order and 25 a copy of Plaintiff’s complaint (ECF No. 21) on the Office of the Attorney General of the 26 State of Nevada by adding the Attorney General of the State of Nevada to the docket 27 sheet. This does not indicate acceptance of service. 1 5. Service must be perfected within ninety (90) days from the date of this order 2 pursuant to Fed. R. Civ. P. 4(m). 3 6. Subject to the findings of the screening order (ECF No. 20), within twenty- 4 one (21) days of the date of entry of this order, the Attorney General’s Office shall file a 5 notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it 6 accepts service; (b) the names of the defendants for whom it does not accept service, 7 and (c) the names of the defendants for whom it is filing the last-known-address 8 information under seal. As to any of the named defendants for whom the Attorney 9 General’s Office cannot accept service, the Office shall file, under seal, but shall not serve 10 the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such 11 information. If the last known address of the defendant(s) is a post office box, the Attorney 12 General’s Office shall attempt to obtain and provide the last known physical address(es). 13 7. If service cannot be accepted for any of the named defendant(s), Plaintiff 14 shall file a motion identifying the unserved defendant(s), requesting issuance of a 15 summons, and specifying a full name and address for the defendant(s). For the 16 defendant(s) as to which the Attorney General has not provided last-known-address 17 information, Plaintiff shall provide the full name and address for the defendant(s). 18 8. If the Attorney General accepts service of process for any named 19 defendant(s), such defendant(s) shall file and serve an answer or other response to the 20 complaint (ECF No. 21) within sixty (60) days from the date of this order. 21 9. Plaintiff shall serve upon defendant(s) or, if an appearance has been 22 entered by counsel, upon their attorney(s), a copy of every pleading, motion or other 23 document submitted for consideration by the Court. If Plaintiff electronically files a 24 document with the Court’s electronic-filing system, no certificate of service is required. 25 Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff 26 mails the document to the Court, Plaintiff shall include with the original document 27 submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the defendants or counsel for the defendants. If counsel has 2\|| entered a notice of appearance, Plaintiff shall direct service to the individual attorney 3|| named in the notice of appearance, at the physical or electronic address stated therein. 4|| The Court may disregard any document received by a district judge or magistrate judge which has not been filed with the Clerk, and any document received by a district judge, 6|| magistrate judge, or the Clerk which fails to include a certificate showing proper service 7 || when required. 8 10. ‘This case is no longer stayed. 9 11. | The motions for appointment of counsel (ECF Nos. 9, 18) are denied without 10|| prejudice. 11 DATED: February 26, 2025 i CS Ox 13 14 UNITED STATESZAAGISTRATE JUDGE

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