Vincent Lawrence Roberts v. Fairbanks Correctional Center and Anchorage Correctional Complex

Summary

The United States District Court for the District of Alaska grants Vincent Lawrence Roberts's application to waive prepayment of the filing fee but denies his motion for appointment of counsel. The Court gives Roberts 30 days to file a First Amended Complaint or a Notice of Voluntary Dismissal and warns that failure to do so will result in dismissal for failure to state a claim, potentially counting as an additional strike under the Prison Litigation Reform Act.

Holdings

1. The court granted Plaintiff's application to waive prepayment of the filing fee, while explaining that the $350 filing fee must be paid incrementally from his prisoner trust account if he proceeds with the action.
2. Plaintiff was not entitled to appointed counsel because civil litigants generally have no constitutional right to counsel and Plaintiff failed to establish exceptional circumstances warranting a discretionary request for volunteer counsel.
3. Plaintiff was granted one final 30-day opportunity to file a First Amended Complaint addressing the previously identified deficiencies or a Notice of Voluntary Dismissal; failure to file either document would result in dismissal under 28 U.S.C. § 1915(e)(2)(B) without further notice.
4. If the action is later dismissed for failure to state a claim, the dismissal will count as an additional strike under the Prison Litigation Reform Act, whereas a Notice of Voluntary Dismissal will not count as a strike.

Questions Presented

1. Whether Plaintiff's application to waive prepayment of the filing fee should be granted under 28 U.S.C. § 1915.
2. Whether Plaintiff was entitled to appointment of counsel in this civil action.
3. Whether Plaintiff should receive additional time and a final opportunity to file a First Amended Complaint or a Notice of Voluntary Dismissal.

Disposition

other