Guess v. Commissioner Social Security Administration
| Larry Charles Guess, III |
| Commissioner Social Security Administration |
| 3:2019cv00979 |
| June 24, 2019 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 |
| None |
Docket Report
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| Document Text |
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| Filing 19 JUDGMENT. Signed on 5/22/2020 by Judge Marco A. Hernandez. (jp) |
Filing 18
OPINION & ORDER: The Commissioner's Motion to Dismiss #15 is GRANTED. This case is dismissed with prejudice. Signed on 5/22/2020 by Judge Marco A. Hernandez.(Mailed to Pro Se party on 5/22/2020.) (jp) Modified on 5/22/2020 - not mailed as Defendant is not pro se (jp).
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| Filing 17 Response to Motion to Dismiss #15 . Filed by Larry Charles Guess, III. (Attachments: #1 Attachment ALJ Decision) (Kerr, Kevin) |
| Filing 16 Notice of Appearance of Kevin Kerr appearing on behalf of Larry Charles Guess, III Filed by on behalf of Larry Charles Guess, III. (Kerr, Kevin) |
| Filing 15 Motion to Dismiss . Filed by Commissioner Social Security Administration. (Attachments: #1 Attachment) (Wolf, Leisa) |
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Filing 14
ORDER: Plaintiff's second motion for appointment of counsel, ECF #13 , is denied for the reasons previously stated in the Court's July 29, 2019 Order, ECF 11 , denying the first motion for appointment of counsel. Plaintiff is instructed to file his opening brief in support of his appeal at which point the Court will reassess whether exceptional circumstances warrant requesting volunteer counsel. Ordered by Judge Marco A. Hernandez. (Mailed to Pro Se party on 9/5/2019.) (pvh)
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| Filing 13 Second Motion for Appointment of Counsel. Filed by Larry Charles Guess, III. (sss) |
| Filing 12 Return of Service Executed as to Commissioner Social Security Administration served on 8/5/2019, answer due on 12/3/2019. Service specifically made upon Local U.S. Attorney, Regional Counsel or Agency, and the U.S. Attorney General. (Attachments: #1 US Attorney General, #2 Office of the General Counsel) (sss) |
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Filing 11
ORDER: Denying Motion for Appointment of Counsel #3 . Plaintiff's motion for appointment of counsel #3 is denied. First, the motion is incomplete because Plaintiff failed to detail the efforts he has made to obtain counsel or explain why he needs counsel. Second, there is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). However, pursuant to 28 U.S.C. 1915(e), Courts have discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). While the Court may request volunteer counsel in exceptional cases, the Court has no power to make a mandatory appointment. Mallard v. United States Dist. Ct. for S. Dist. of Iowa, 490 U.S. 296, 308 (1989). In order to determine whether exceptional circumstances exist, the Court evaluates the plaintiff's likelihood of success on the merits and the ability of the plaintiff to articulate his or her claim pro se in light of the complexity of the legal issues involved. Wood, 900 F.2d at 1335-36; Wilborn, 789 F.2d at 1331. However, "[n]either of these factors is dispositive and both must be viewed together before reaching a decision on request of counsel under section 1915(d)." Wilborn, 789 F.2d at 1331; Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (same). At this stage of the proceedings, the Court is unable to assess the likelihood of success on the merits or Plaintiff's ability to understand the law. Thus, it is unable to determine if exceptional circumstances exist. However, the Court observes that in the filings to date, Plaintiff has followed his former attorneys instructions to timely file his social security appeal in this Court, as well as filed a motion to proceed in forma pauperis and to seek counsel. Thus, he appears capable of presenting his needs to the Court. Thus, the Court denies the motion at this time. The Court will reassess the presence of exceptional circumstances once Plaintiffs opening brief is filed. Ordered by Judge Marco A. Hernandez. (Mailed to Pro Se party on 7/29/2019.) (jp)
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| Filing 10 Summons Issued as to Commissioner Social Security Administration. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (fp) |
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Filing 9
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding #7 Summons/Service Return. A Clerical error has been discovered in the case record: The document was filed in the incorrect case. The following corrections were made to the record: The entry is stricken based upon it being filed in the incorrect case. (sss)
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| Filing 8 Notice of Appearance of Leisa A. Wolf appearing on behalf of Commissioner Social Security Administration Filed by on behalf of Commissioner Social Security Administration. (Wolf, Leisa) |
| Filing 7 STRICKEN Per Order 9 Return of Service Executed as to Commissioner Social Security Administration served on 6/10/2019, answer due on 10/8/2019. Service specifically made upon Local U.S. Attorney, Regional Counsel or Agency, and the U.S. Attorney General. (sss) Modified to strike on 7/24/2019 (sss). |
| Filing 6 Clerk's Notice of Mailing: USM 285 forms, service instructions, and incomplete proposed summons mailed to Larry Charles Guess, III. (sss) |
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Filing 5
ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Ordered by Judge Marco A. Hernandez. (Mailed to Pro Se party on 6/25/2019.) (jp)
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| Filing 4 Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (Mailed to Pro Se party on 6/24/2019.) (sss) |
| Filing 3 Motion for Appointment of Counsel. Filed by Larry Charles Guess, III. (sss) |
| Filing 2 Application for Leave to Proceed IFP. Expedited Hearing requested. Filed by Larry Charles Guess, III. (sss) |
| Filing 1 Complaint to Review Final Decision of Commissioner. Filed by Larry Charles Guess, III against Commissioner Social Security Administration. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons). (sss) |
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| Defendant: Commissioner Social Security Administration | |
| Represented By: | Renata Gowie |
| Represented By: | Leisa A. Wolf |
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| Plaintiff: Larry Charles Guess, III | |
| Represented By: | Kevin Kerr |
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