Young v. Sheldon

Background

Joseph Dale Young, proceeding without a lawyer, filed claims for negligence, negligent infliction of emotional distress, and violations of due process and equal protection under the Fourteenth Amendment through 42 U.S.C. § 1983. The court had allowed him to proceed without paying the filing fee, but had not dismissed the complaint at that time. The docket showed that the complaint and summons had not yet been served.

Young requested scheduling accommodations because he said he would be incarcerated beginning September 11, 2025. He asked to appear at court proceedings by telephone or video and requested that deadlines be extended or adjusted to account for his custodial status. He also moved under 28 U.S.C. § 1915(e)(1) for appointment of counsel, stating that a probation program required him to live in a residential program and that an alleged property loss made it difficult for him to investigate and present his claims.

Scheduling Accommodation

The court granted Young’s request for scheduling accommodation. It continued the initial case management conference to February 17, 2026, at 1:30 p.m. The parties’ joint case management statement was due February 10, 2026, and the other deadlines were adjusted accordingly. The court stated that, unless it ordered otherwise, case management conferences would be conducted by Zoom Webinar. It also said that Young could request another remote method, such as telephone participation, no later than seven days before the conference.

Appointment of Counsel

The court explained that civil litigants generally have no constitutional right to a lawyer unless an indigent person may lose physical liberty if the person loses the case. Under § 1915, a court may appoint counsel at its discretion only in exceptional circumstances. That determination considers the likely success of the claims and the person’s ability to explain the claims without a lawyer, considering the complexity of the legal issues.

The court said the action was at an early stage and that it could not yet assess whether exceptional circumstances warranted seeking a volunteer lawyer. It therefore denied Young’s motion for appointment of counsel, without prejudice to raising the issue later in the proceedings, including at the initial case management conference.

Disposition

The order granted Young’s request for scheduling accommodation and denied without prejudice his motion for appointment of counsel. It did not decide the merits of Young’s claims. Judge Virginia K. DeMarchi also reminded Young to promptly notify the court of any change of address and stated that failure to do so could result in dismissal of the action.