Haggerty v. Lynch

Summary

The United States District Court for the Eastern District of California denied Lee Haggerty’s motion to appoint counsel, concluding that exceptional circumstances were not present under 28 U.S.C. § 1915(e)(1). The court granted Haggerty an extension to file his Final Pretrial Statement by May 27, 2025, and cautioned that failure to identify witnesses and exhibits could result in evidentiary sanctions.

Holdings

1. A court may request counsel for an indigent civil litigant only when exceptional circumstances exist, evaluated cumulatively by considering the likelihood of success on the merits and the prisoner's ability to articulate the claim in light of the complexity of the legal issues. Plaintiff's limited legal abilities, limited law-library access, and loss of legal materials did not establish exceptional circumstances on this record.
2. The court granted Plaintiff additional time and ordered him to file his Final Pretrial Statement by May 27, 2025.

Questions Presented

1. Whether Plaintiff established exceptional circumstances warranting the court's request for counsel under 28 U.S.C. § 1915(e)(1).
2. Whether Plaintiff should receive additional time to file his Final Pretrial Statement and related witness and exhibit lists.

Disposition

other