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N.D. Cal.Procedural orderFiled Sept. 17, 2023

Sands v. City of San Francisco's Department of Homelessness

Judge
James Donato
Docket
3:23-cv-03014
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedurePro Se
In one sentence

In Sands v. City of San Francisco's Department of Homelessness, Judge Donato let Sands proceed without prepaying fees, denied appointed counsel, and vacated the conference.

Who this affects

Ilene Sands, the defendants, the U.S. Marshal, and the Clerk of Court. Sands may proceed without prepaying fees, but she must continue representing herself unless circumstances change.

What happened

In Sands v. City of San Francisco's Department of Homelessness, Ilene Sands, who is representing herself, asked to proceed without paying court fees and asked the court to appoint a lawyer. The court also had set a case-management conference.

The court granted Sands permission to proceed without prepaying fees and directed service of the amended complaint on the defendants without prepayment of fees. It denied her request for appointed counsel and vacated the September 21, 2023 case-management conference pending further order. The order did not decide the claims' merits.

Judge Donato also required Sands to promptly report any change of address, warning that failing to do so could result in dismissal. The court suggested that she contact the Legal Help Center for basic legal help.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Sands v. City of San Francisco's Department of Homelessness · No. 3:23-cv-03014
Judge
James Donato
Date
Sept. 17, 2023

Background

Ilene Sands filed an application to proceed in forma pauperis (IFP), which is a request to proceed without prepaying court fees. She also requested appointment of counsel in this civil case. The court had scheduled a case-management conference for September 21, 2023.

Rulings

The court granted Sands's IFP application. The Clerk of Court was ordered to issue the summons, and the U.S. Marshal was directed to serve the defendants, without prepayment of fees, with the amended complaint and attachments and a copy of the order.

The court denied Sands's requests for appointment of counsel. It explained that there is generally no right to appointed counsel in a civil case, that the issues appeared relatively straightforward, and that Sands had handled the matter adequately.

The court vacated the scheduled case-management conference pending further order. It also directed Sands to promptly inform the court of any change of address and warned that failing to do so could result in dismissal of the action. The order did not decide the merits of Sands's claims. The court noted that Sands could seek free legal consultation from the Legal Help Center, which provides basic legal help to people representing themselves but does not provide legal representation.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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