Van Curler v. United States Post Office
| Guy D. Van Curler |
| United States Postal Service |
| 6:2023cv01156 |
| August 8, 2023 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Civil Rights: Americans with Disabilities Act - Other |
| 29 U.S.C. ยง 754 Discrimination |
| None |
Docket Report
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Filing 8
Order to Show Cause by Magistrate Judge Mustafa T. Kasubhai: Pursuant to this Court's Order #6 granting Plaintiff's Motion for Leave to Proceed in Forma Pauperis, service papers were due by 9/11/2023. At the time of this Order, Plaintiff's proposed summonses, service copies, and USM285 forms have not been submitted to the Clerk of Court. Accordingly, it is ORDERED that by 11/3/2023, Plaintiff shall show cause in writing why this case should not be dismissed for failure to prosecute. Plaintiff is advised that failure to show good cause will result in the dismissal of the case without prejudice. (Deposited in outgoing mail to pro se party on 10/4/2023.) (jk)
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Filing 7
ORDER by Magistrate Judge Mustafa T. Kasubhai: Plaintiff's Motion for Appointment of Counsel #3 is DENIED. Generally, there is no constitutional right to counsel in a civil case and a court may not "authorize the appointment of counsel to involuntary service." See United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). A district court, however, may request an attorney to represent any person unable to afford counsel in limited circumstances. 28 U.S.C. 1915(e)(1). The decision to appoint counsel is "within the sound discretion of the trial court and is granted only in exceptional circumstances." Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (quotation marks and citation omitted). A finding of exceptional circumstances depends on two factors: the plaintiff's likelihood of success on the merits, and the plaintiff's ability to articulate his or her claims in light of the complexity of the legal issues involved. Id. Neither factor is dispositive and both must be viewed together before ruling on a request for counsel. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (citation omitted). The Court finds exceptional circumstances do not exist sufficient to justify appointment of counsel at this time. See Agyeman, 390 F.3d at 1103. Given the early stage of this lawsuit, the Court is unable to ascertain Plaintiff's likelihood of success on the merits. Plaintiff may refile a motion for appointment of pro bono counsel should the current circumstances change. (Deposited in outgoing mail to pro se party on 8/21/2023.) (jk)
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Filing 6
ORDER signed on 8/11/2023 by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Proceed in Forma Pauperis #2 . (Deposited in outgoing mail to pro se party on 8/11/2023.) (jk)
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Filing 5
Case Management Order signed on 8/10/2023 by Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 8/10/2023.) (jk)
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| Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 8/9/2023.) (jw) |
| Filing 3 Motion for Appointment of Pro Bono Counsel. Filed by Guy D. Van Curler. (jw) |
| Filing 2 Application for Leave to Proceed IFP. Filed by Guy D. Van Curler. (jw) |
| Filing 1 Complaint. Jury Trial Requested: No. Filed by Guy D. Van Curler against United States Postal Service. (Attachments: #1 Civil Cover Sheet, #2 Letter re Address). (jw) |
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| Plaintiff: Guy D. Van Curler | |
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| Defendant: United States Postal Service | |
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