United States District Court, W.D. Washington, Seattle
ORDER DENYING PLAINTIFF'S MISCELLANEOUS MOTIONS
AND EXTENDING DISCOVERY DEADLINE
ALICE THEILER UNITED STATES MAGISTRATE JUDGE.
a 42 U.S.C. § 1983 prisoner civil rights action.
Currently before the Court are two miscellaneous motions
plaintiff filed. (Dkts. 24, 25.) Defendants oppose the
motions. (Dkt. 27.) The Court DENIES plaintiff's motions
for the reasons explained below.
asks the Court for permission to interview medical staff at
the jail. (Dkt. 24 at 1.) Plaintiff must pursue discovery
according to the Federal Rules of Civil Procedure. See,
e.g., Fed.R.Civ.P. 26, 28, 30, 31, 33, 34, 36, 37, 45.
Plaintiff should note that this Court “has no authority
to finance or pay for a party's discovery expenses even
though the party has been granted leave to proceed in forma
pauperis under 28 U.S.C. § 1915(a).” Coates v.
Kafczyski, No. 05-003, 2006 WL 416244, *2 - *3 (W.D.
Mich. Feb. 22, 2006) (collecting cases). To the extent
plaintiff seeks to take depositions, doing so would entail
stenographic or court reporter expenses that this Court is
not authorized to pay. If plaintiff is unable to pay for
depositions himself, he may conduct his discovery through
written interrogatories. See id.
also asks the Court to “amend info.” (Dkt. 24 at
1.) It is unclear to the Court what plaintiff is requesting.
If he is asking to amend his complaint, he must file a motion
asking for leave to amend and a proposed amended complaint.
See Fed. R. Civ. P. 15; W.D. Wash. Local Rules LCR
requests all information and material defendants have related
to this case. (Dkt. 25 at 1.) Defendants indicate that they
will treat his motion as a discovery request and respond
accordingly. (Dkt. 27 at 3.) Accordingly, this request is
moot. Plaintiff is reminded that discovery requests must be
served directly on defendants and should not be filed with
asks the Court to grant him at least two more pro se
packets from the jail or $150.00 for legal materials, the use
of a laptop four times a week, the use of Black's Law
Dictionary three times a week, and that he be permitted to
use the law library at least four times a week. (Dkt. 25 at
1-2.) As noted above, the Court is not authorized to fund
plaintiff's lawsuit. The Court cannot grant
plaintiff's additional requests because doing so would
impermissibly interfere with the jail. If plaintiff needs
additional time to meet the Court's deadlines because of
limited access to legal materials and the law library, he may
request extensions of time.
plaintiff asks the Court to appoint a standby lawyer. (Dkt.
25 at 1.) Generally, a person has no right to counsel in a
civil action. See Campbell v. Burt, 141 F.3d 927,
931 (9th Cir. 1998). In certain “exceptional
circumstances, ” the Court may request the voluntary
assistance of counsel for indigent civil litigants under 28
U.S.C. § 1915(e)(1). Agyeman v. Corrections Corp. of
Am., 390 F.3d 1101, 1103 (9th Cir. 2004). When
determining whether “exceptional circumstances”
exist, the Court considers “the likelihood of success
on the merits as well as the ability of the [plaintiff] to
articulate his claims pro se in light of the complexity of
the legal issues involved.” Weygandt v. Look,
718 F.2d 952, 954 (9th Cir. 1983). Neither factor is
dispositive, and they must be viewed together before reaching
a decision on a request for counsel. Id. Plaintiff
has made no showing of either factor at this time.
foregoing reasons, the Court DENIES plaintiff's
miscellaneous motions (Dkts. 24, 25) and EXTENDS the
discovery deadline to November 4, 2019, to
allow the parties to engage in further discovery. The Clerk
is directed to send copies of this order to the parties and
to the Honorable Robert S. Lasnik.
 LCR 15 provides: “A party who
moves for leave to amend a pleading, or who seeks to amend a
pleading by stipulation and order, must attach a copy of the
proposed amended pleading as an exhibit to the motion or
stipulation. The party must indicate on the proposed amended
pleading how it differs from the pleading that it amends by
bracketing or striking through the text to be deleted and
underlining or highlighting the text to be added. The
proposed amended pleading must not incorporate by reference
any part of the preceding pleading, including exhibits. If a
motion or stipulation for leave to amend is granted, the
party whose pleading was amended must file and serve ...