Mosby v. Swanson

Background

On January 24, 2023, Magistrate Judge David T. Schultz granted William Mosby’s application to proceed without paying court fees and recommended dismissing all but a few of the 22 causes of action in Mosby’s complaint. The recommendations were issued in an order and report and recommendation. Under the District of Minnesota’s local rules, objections were due within 14 days after service.

Mosby stated that he did not receive the report and recommendation until January 27, three days after it was electronically filed. He also asked the court to appoint a lawyer to help him challenge the recommended dismissals, explaining that he lacked legal training.

Court’s Analysis

Judge Menendez extended the objection deadline because of the delay in Mosby’s receipt of the report and recommendation and the scope of the issues addressed. The court ordered Mosby to file any objections on or before February 28, 2023.

The court denied Mosby’s request for appointment of counsel at this time. It explained that people representing themselves in civil cases generally do not have a statutory or constitutional right to appointed counsel. The statute governing court assistance for people who cannot afford counsel allows the court to request an attorney in appropriate circumstances.

The court considered the case’s factual complexity, Mosby’s ability to investigate and present his claims, whether conflicting testimony was involved, and the complexity of the legal issues. It found that the factual issues were not especially complex at this stage because many recommended dispositions involved immunity doctrines, pleading requirements, the absence of private rights of action, and the effect of a final judgment in related litigation. The court also found that factual investigation and conflicting testimony were not then at issue, and that Mosby had shown he could communicate effectively with the court. Although the court recognized that the legal issues could be challenging, it noted that Mosby had access to a law library and had received a significant extension of time.

Disposition

The court extended Mosby’s deadline to object to the report and recommendation to February 28, 2023. It denied his request for appointed counsel at this time. The order did not resolve the report and recommendation’s proposed treatment of Mosby’s claims.