Meeks v. Nunez

34 Citing cases

  1. Beckett v. Scalia

    1:20-cv-01468-CDB (PC) (E.D. Cal. Jan. 10, 2025)

    Meeks v. Nunez, No. 13cv973-GPC(BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017) (citing McElroy v. Cox, No. 08-1221 JM (AJB), 2009 WL 4895360 at *2 (E.D. Cal. Dec. 11, 2009)).

  2. Fields v. Sanchez

    1:22-cv-01122-KES-CDB (E.D. Cal. Oct. 4, 2024)

    Vague or unsupported allegations of mental illness or learning disabilities do not amount to substantial evidence of incompetence. See Yocom v. Cnty. of Tulare, No. 1:21-cv-00849-HBK (PC), 2023 WL 5723828, at *1 (E.D. Cal. Sept. 5, 2023); Meeks v. Nunez, No. 13cv973-GPC (BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017). Thus, Plaintiff is advised that his own descriptions of his mental disabilities are insufficient-Plaintiff is not a physician or psychiatrist.

  3. Lewis v. Quinto

    1:22-cv-00628-DJ-CDB (PC) (E.D. Cal. Jan. 3, 2024)

    Here, Plaintiff has offered only his summary statement that he is a “mental health patient” with an adult basic education score of 9.0, which does not constitute substantial evidence of incompetence. See Yocom v. County of Tulare, No. 1:21-cv-00849-HBK (PC), 2023 WL 5723828, at *1 (E.D. Cal. Sept. 5, 2023); Meeks v. Nunez, No. 13cv973-GPC (BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017).

  4. Bowcut v. Daram

    2:21-cv-00736 DB P (E.D. Cal. Dec. 12, 2023)

    Circumstances common to most inmates, such as lack of legal education and limited law library access, do not establish exceptional circumstances that would warrant a request for voluntary assistance of counsel. Mental impairment may be grounds for appointment of counsel in certain situations, but the impairment must be an “incapacitating mental disability” and the plaintiff “must present substantial evidence of incompetence.” Meeks v. Nunez, No. 13CV973-GPC (BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017). The court must be able to find a nexus between the mental disorder and the plaintiff's ability to articulate his claims.

  5. Beckett v. Scalia

    1:20-cv-01468-JLT-CDB (PC) (E.D. Cal. Nov. 30, 2023)

    Here, Plaintiff has offered only his vague allegations of a learning disability and “multiple mental health” diagnoses and offers no substantial evidence of incompetence. See also Yocom v. County of Tulare, No. 1:21-cv-00849-HBK (PC), 2023 WL 5723828, at *1 (E.D. Cal. Sept. 5, 2023); Meeks v. Nunez, No. 13cv973-GPC (BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017). Additionally, even assuming Plaintiff is not well versed in the law and has made serious allegations that, if proven, would entitle him to relief, Plaintiff's case is not exceptional.

  6. Hamilton v. Moseley

    3:21-cv-2032-CAB-AHG (S.D. Cal. Nov. 6, 2023)   Cited 2 times

    , at *2 (E.D. Cal. Nov. 29, 2021) (quoting Meeks v. Nunez, No. 13cv973-GPC-BGS, 2017 U.S. Dist. LEXIS 16503, at *2-*3 (S.D. Cal. Feb. 6, 2017)). Here, Plaintiff has not established that his anxiety is incapacitating or so debilitating as to render him incompetent.

  7. French v. Mitchell

    3:22-cv-01355-MMA-AHG (S.D. Cal. Jul. 13, 2023)

    Moreover, “mental health issues do not warrant the appointment of counsel. Mental impairment may be grounds for appointment of counsel in certain situations, but the impairment must be an ‘incapacitating mental disability' and the plaintiff ‘must present evidence of incompetence.'” Johnson v. Nelson, No. 2:20-cv-0967-DB-P, 2021 U.S. Dist. LEXIS 229140, at *2 (E.D. Cal. Nov. 29, 2021) (quoting Meeks v. Nunez, No. 13cv973-GPC-BGS, 2017 U.S. Dist. LEXIS 16503, at *2-*3 (S.D. Cal. Feb. 6, 2017)). Here, Plaintiff has not established that her anxiety and panic attacks rise to the level of rendering her incompetent.

  8. Vernon v. Larios

    23cv787-JO (MSB) (S.D. Cal. Jul. 7, 2023)

    Medical records used as evidence when seeking a competency hearing must demonstrate the diagnosis' effects on the inmate's ability to litigate their case. See Meeks v. Nunez, No. 13cv973-GPC-BGS, 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017); West v. Dizon, No. 12cv1293-DAD-P, 2014 WL 114659, at *4 (E.D. Cal. Jan. 9, 2014); McElroy v. Cox, No. 8cv1221-JM-AJB, 2009 WL 4895360, at *3 (E.D. Cal. Dec. 11, 2009) (all finding insufficient evidence for a competency hearing where the individual failed to link diagnosis of a mental disability to their ability to effectively articulate claims). Because Plaintiff's medical records contain no discussion of the diagnosis' effects on Plaintiff's ability to litigate or understand this case, he has not satisfied the substantial evidence standard.

  9. Bradford v. De Franco

    2:21-CV-2169-DJC-DMC-P (E.D. Cal. Jun. 22, 2023)

    Mental impairment may be grounds for appointment of counsel in certain circumstances, but the impairment must be an ‘incapacitating mental disability' and the plaintiff ‘must present evidence of incompetence.'” See Hearne v. Farhat, No. 2:20-CV-0557 DB P, 2023 WL 1824201, at *1 (E.D. Cal. Jan. 12, 2023) (citing Meeks v. Nunez, No. 13cv973-GPC (BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017)). Plaintiff indicated that he is “fully medicated on 2602 (Keyhea)” and requires this psychotropic medication.

  10. Muhammad v. Martin

    2:20-CV-0070-DAD-DMC-P (E.D. Cal. Jun. 22, 2023)

    Meeks v. Nunez, No. 13cv973-GPC (BGS), 2017 WL 476425, at *3 (S.D. Cal. Feb. 6, 2017) (citing McElroy v. Cox, Civil No. 08-1221 JM (AJB), 2009 WL 4895360 at *2 (E.D. Cal. Dec. 11, 2009).