Summary
This United States District Court for the District of Nevada order addresses preliminary procedural matters in a pro se Section 1983 civil rights action filed by a state prisoner. The Court grants the plaintiff's application to proceed in forma pauperis, denies his motions to correct complaint exhibits and appoint counsel without prejudice, and lifts a previously imposed stay. The order directs the Attorney General's Office to accept or decline service on behalf of named defendants within twenty-one days and establishes subsequent deadlines for service, answers, and inmate fee payments.
Topics
Practice areas
Questions Presented
- Whether the court should grant the motion to correct the exhibit index.
- Whether the court should appoint counsel for the pro se plaintiff in a §1983 action.
Holdings
- The motion to correct the exhibits is denied without prejudice.
- The motion for appointment of counsel is denied without prejudice.
Key quotations
“A litigant does not have a constitutional right to appointed counsel in 42 U.S.C. §1983 civil rights claims. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981).” (-)
Factual background
Steve Murray, a Nevada state prisoner, filed a pro se §1983 civil‑rights action. He later sought to add a missing page to his exhibit index and requested appointment of counsel, arguing the case involved complex medical issues requiring expert testimony.
Procedural history
The plaintiff, a state prisoner, filed a pro se civil‑rights complaint under 42 U.S.C. §1983. The court screened the case, ordered mediation, and later considered the plaintiff's motions to correct the exhibit index and to obtain appointed counsel. Both motions were denied without prejudice.