Summary
The United States District Court for the Southern District of California denied Plaintiff David D. Harris's motion for appointment of counsel, finding no exceptional circumstances, sufficient likelihood of success, or inability to articulate his claims. The Court also addressed Harris's request for production of documents concerning his discontinuation of morphine and deemed the requests served as of December 1, 2025, directing Defendant to respond under Federal Rule of Civil Procedure 34.
Holdings
- Appointment of counsel was not warranted because Plaintiff had not shown a likelihood of success at the early stage of the case and was able to articulate his claims pro se.
- Plaintiff was not entitled to a competency hearing because he did not present substantial evidence of incompetence.
- The court deemed Plaintiff's two requests for production served as of December 1, 2025 and directed Defendant to timely respond under Federal Rule of Civil Procedure 34, notwithstanding Plaintiff's failure to properly serve the requests.
Questions Presented
- Whether exceptional circumstances warranted appointment of counsel for Plaintiff in the civil-rights action.
- Whether Plaintiff presented substantial evidence of incompetence requiring a competency hearing and appointment of counsel for that hearing.
- Whether Plaintiff's requests for production could be deemed served and Defendant directed to respond despite Plaintiff's failure to properly serve them under Federal Rule of Civil Procedure 34.
Disposition
other
Cases Cited (11)
- Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)(followed)
- Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(followed)
- Burns v. County of King, 883 F.2d 819, 823 (9th Cir. 1989)(followed)
- Okler v. MCC IMU Prison, No. 3:18-cv-05458-RJB-TLF, 2019 WL 461143, at *1 (W.D. Wash. Feb. 5, 2019)(followed)
- Cano v. Taylor, 739 F.3d 1214, 1219 (9th Cir. 2014)(followed)
- Allen v. Calderon, 408 F.3d 1150, 1151-54 (9th Cir. 2005)(followed)
- Vernon v. Larios, No. 23-cv-787-JO-MSB, 2023 WL 4412167 (S.D. Cal. July 7, 2023)(followed)
- Campos v. K.U.S.I. News Media, No. 3:19-cv-01455-BAS-AGS, 2019 WL 4674290, at *2 (S.D. Cal. Sept. 24, 2019)(followed)
- LaMere v. Risley, 827 F.2d 622, 626 (9th Cir. 1987)(followed)
- Galvan v. Montgomery, No. 22-CV-00330-GPC-MMP, 2025 WL 2841993, at *2-3 (S.D. Cal. Oct. 7, 2025)(followed)
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Cited In (0)
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Court Document
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