Alberto Ruiz v. Tyrone L. Baker

Summary

The court conducted a merit review under 28 U.S.C. § 1915A of Alberto Ruiz’s pro se § 1983 claims concerning extreme heat in his prison cell and the denial of permission to purchase a fan. The court dismissed the complaint for failure to state a claim, finding insufficient allegations that Warden Tyrone L. Baker was personally involved or deliberately indifferent to a serious risk of harm, but granted leave to amend within 30 days. The court also denied Ruiz’s motion for appointed counsel with leave to renew.

Holdings

1. The complaint failed to state a claim because, even assuming the heat constituted an objectively serious deprivation, it did not allege sufficient facts showing that Baker was personally involved in denying Ruiz a fan or acted with deliberate indifference to a substantial risk of serious harm.
2. Appointment of counsel was not warranted because Ruiz had made a reasonable effort to obtain counsel but appeared competent to litigate the case himself, which did not appear overly complex or likely to require expert testimony.

Questions Presented

1. Whether the complaint plausibly stated an Eighth Amendment conditions-of-confinement claim against Warden Baker under 28 U.S.C. § 1915A.
2. Whether Ruiz was entitled to appointment of counsel at that stage of the case.

Disposition

dismissed