(PS) Hawkins v. Kaiser Permanente ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KET T. HAWKINS, JR., et al., Case No. 2:22-cv-00034-KJM-JDP (PS) 12 Plaintiffs, ORDER DENYING MOTION TO APPOINT COUNSEL 13 v. ECF No. 5 14 KAISER PERMANENTE SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiffs, proceeding without counsel, filed this action against multiple healthcare 18 facilities, purporting to allege claims on behalf of the estate of Ket. T. Hawkins, Sr (“the 19 decedent”). ECF No. 1. On January 5, 2023, I screened plaintiffs’ complaint, notified them that 20 they could not assert claim on behalf of the estate without first obtaining counsel, and granted 21 them thirty days to file an amended complaint. ECF No. 4. Plaintiffs now move for appointment 22 of counsel and for an extension of time to file an amended complaint. ECF No. 5. 23 Generally, pro se litigants do not have a right to counsel in civil actions. Palmer v. 24 Valdez, 560 F.3d 965, 970 (9th Cir. 2009). However, the court can request an attorney represent 25 an indigent civil litigant under certain exceptional circumstances. 28 U.S.C. § 1915(e)(1) (“The 26 court may request an attorney to represent any person unable to afford counsel”); see Agyeman v. 27 Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir 2004). In determining whether such 28 1 | circumstances exist, the court must evaluate both the plaintiffs likelihood of “success on the 2 | merits and... plaintiffs ability to articulate his claims in light of the complexity of the legal 3 | issues involved.” Agyeman, 390 F.3d at 1103 (internal quotation omitted). 4 The court does not find that plaintiffs’ likelihood of success, the complexity of the issues, 5 | or the degree of plaintiffs’ ability to articulate their claims amount to exceptional circumstances 6 | warranting the appointment of counsel. Accordingly, plaintiffs’ motion is denied as to their 7 | request for appointment of counsel. The court, however, will grant the motion as to plaintiffs’ 8 || request for an extension of time to file an amended complaint. Plaintiffs are reminded that unless 9 | they retain counsel, they can only represent themselves in this case and are not permitted to assert 10 || claims on behalf of the decedent’s estate. 11 Accordingly, it is hereby ORDERED that: 12 1. Plaintiffs’ motion, ECF No. 5, is denied as to their request for appointment of counsel. 13 2. Plaintiffs’ motion, ECF No. 5, is granted as to their request for an extension of time. 14 3. Plaintiffs are granted thirty days from the date of this order to file a first amended 15 | complaint. 16 7 IT IS SO ORDERED. 18 ( 1 Oy — Dated: _ February 17, 2023 q——— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28