HOOLI v. COMBS et al
| BASAVARAJ HOOLI |
| TODD COMBS and LARRY MITCHAM |
| 1:2024cv00006 |
| January 2, 2024 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 ERRATA by BASAVARAJ HOOLI re #15 Notice (Other). (mg) |
| Filing 15 NOTICE of Filing by BASAVARAJ HOOLI (Attachments: #1 Exhibit)(mg) |
MINUTE ORDER (paperless) DENYING plaintiff's #12 Second Motion to Appoint Counsel without prejudice. "No civil litigant is 'guaranteed counsel.'" Gaviria v. Reynolds, 476 F.3d 940, 943 (D.C. Cir. 2007) (quoting Willis v. FBI, 274 F.3d 531, 532 (D.C. Cir. 2001)), cert. denied, 552 U.S. 904 (2007). The Court is, however, "authorized by statute to request an attorney to represent any person unable to afford counsel." Id. (quoting 28 U.S.C. 1915(e)(1)). An appointment is made taking into account the nature and complexity of the action, the potential merit of the pro se party's claims, the demonstrated inability of the pro se party to retain counsel by other means, and the degree to which the interests of justice will be served by appointment of counsel. LCvR 83.11(b)(3). In support of plaintiff's second motion, the plaintiff states that his case is a "complex" criminal and civil case, because his tort claims arise out of his alleged arrest for driving without a license, Pl.'s Second Mot. Appoint Counsel at 2, ECF No. 12, and that the defendant is president of Geico Insurance, which plaintiff claims is the "Biggest Company in the World," id. After reviewing the plaintiff's motion and facts alleged in his Complaint and weighing the factors set forth in the local civil rule, LCvR 83.11(b)(3), the Court determines that appointment of counsel is not warranted at this time. See, e.g., Lamb v. Millennium Challenge Corp., 228 F. Supp. 3d 28, 47 (D.D.C. 2017); Renoir v. Governor of Virginia, 755 F. Supp. 2d 82, 86 (D.D.C. 2010). Signed by Judge Beryl A. Howell on February 20, 2024. (lcbah2)
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| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TODD COMBS served on 2/15/2024, answer due 3/7/2024. (See docket entry #13 to view document) (mg) |
| Filing 13 AFFIDAVIT of Service by BASAVARAJ HOOLI. (mg) |
| Filing 12 MOTION to Appoint Counsel by BASAVARAJ HOOLI. (Attachments: #1 Exhibit)(mg) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LARRY MITCHAM served on 2/13/2024, answer due 3/5/2024 (mg) |
| SUMMONS (2) REISSUED as to TODD COMBS, LARRY MITCHAM (zsl) |
| Filing 10 SUPPLEMENTAL MEMORANDUM to re #1 Complaint, filed by BASAVARAJ HOOLI. (Attachments: #1 Exhibit)(mg) |
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Filing 9
STANDING ORDER. Signed by Judge Beryl A. Howell on January 11, 2024. (lcbah2)
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MINUTE ORDER (paperless) DENYING plaintiff's #5 Motion to Appoint Counsel without prejudice. "No civil litigant is 'guaranteed counsel.'" Gaviria v. Reynolds, 476 F.3d 940, 943 (D.C. Cir.) (quoting Willis v. FBI, 274 F.3d 531, 532 (D.C. Cir. 2001)), cert. denied, 552 U.S. 904 (2007). The Court is, however, "authorized by statute to request an attorney to represent any person unable to afford counsel." Id. (quoting 28 U.S.C. 1915(e)(1)). An appointment is made taking into account the nature and complexity of the action, the potential merit of the pro se party's claims, the demonstrated inability of the pro se party to retain counsel by other means, and the degree to which the interests of justice will be served by appointment of counsel. LCvR 83.11(b)(3). In support of his motion, the plaintiff states that he "tried Pro Bono Attorneys for last years [sic] Delaware, Florida, Georgia, Maryland, Washington DC over 230 Attorneys... none wants [to] take my case," and explains that he lives "away in shelter after [an] arrest, slept in car, then shelters." Pl.'s Mot. Appoint Counsel at 1, ECF No. 5. Indigence alone is not a basis for appointment of counsel, see Williams v. Court Servs. & Offender Supervision Agency for the District of Columbia, 878 F. Supp. 2d 263, 266 (D.D.C. 2012) (stating that in forma pauperis "status does not automatically entitle a litigant to appointed counsel"), and at this early stage of these proceedings, it is not clear that the complexity of this action or potential merit of plaintiff's claims warrant appointment of counsel. After reviewing the plaintiff's motion and weighing the factors set forth in the local civil rule, LCvR 83.11(b)(3), the Court determines that appointment of counsel is not warranted at this time. See, e.g., Lamb v. Millennium Challenge Corp., 228 F. Supp. 3d 28, 47 (D.D.C. 2017); Renoir v. Governor of Virginia, 755 F. Supp. 2d 82, 86 (D.D.C. 2010). Signed by Judge Beryl A. Howell on January 11, 2024. (lcbah2)
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MINUTE ORDER (paperless) DENYING AS MOOT plaintiff's #2 Motion for Leave to Proceed In Forma Pauperis, because plaintiff has already paid the filing fee in full. See Docket Entry (Jan. 2, 2024), ECF No. 1 (confirming receipt of filing fee payment with receipt number 206330). Signed by Judge Beryl A. Howell on January 11, 2024. (lcbah2)
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| Filing 8 SUPPLEMENTAL MEMORANDUM re #1 Complaint filed by BASAVARAJ HOOLI. (Attachments: #1 Exhibit)(mg) Modified docket text on 1/10/2024 (mg). |
| Filing 7 NOTICE of Filing by BASAVARAJ HOOLI (mg) |
| Filing 6 NOTICE of Change of Address by BASAVARAJ HOOLI (mg) |
| Filing 5 MOTION to Appoint Counsel by BASAVARAJ HOOLI. (Attachments: #1 Exhibit)(mg) |
| Filing 4 AFFIDAVIT of Service by BASAVARAJ HOOLI. (mg) |
| Filing 3 NEW Pro Se Consent To Receive Notices of Electronic Filing by BASAVARAJ HOOLI (mg) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by BASAVARAJ HOOLI. (Attachments: #1 Exhibit)(mg) |
| Filing 1 COMPLAINT against TODD COMBS, LARRY MITCHAM ( Filing fee $ 405, receipt number 206330) with Jury Demand filed by BASAVARAJ HOOLI. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(mg) |
| Summons (2) Issued as to TODD COMBS, LARRY MITCHAM. (mg) |
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