No. 20-7888

James Arthur Ross v. Steven Shelton, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appointment-of-counsel civil-procedure civil-rights due-process judicial-discretion medical-treatment pro-se-litigant procedural-fairness standing summary-judgment
Latest Conference: 2021-05-27
Question Presented (from Petition)

1. Did the District Court abuse it's discretion by refusing to even request the appointment
of counsel in this case?

2. Was the District Court wrong in it's determination that it had no authority to appoint
counsel in this case?

Did the District Court error or abuse it's discretion in not allowing the petitioner any
discovery in this case, especially so, while allowing the defendants such discovery?

3. Did the District Court error or abuse it's discretion in not granting the Petitioner's request
for an expert witness(Orthopedic Surgeon) in this case, if, for nothing else to clarify or
set out actual injury and the proper course of treatment? Alternatively, second opinion?

4. Did the District Court error or abuse it's discretion in determining that the petitioner
received satisfactory medical treatment for his knee injury, especially, without expert
witness and based solely off of the Defendants' own word, whom was not an Orthopedic
specialist?

5. Did the District Court error or abuse it's discretion in failing to acknowledge that the
petitioner had repeatedly tried to seek further medical help for his continued knee pain
over the course of years and that it was not that the petitioner failed to seek such medical
treatment, rather, it was the Defendants' failures, neglect and deliberate indifference to
provide such further treatment?

Did the District Court error or abuse it's discretion in lopsiding the case extremely in the
favor of the defendants, extremely limiting the Petitioner's ability to respond to, let alone
survive summary judgment, especially when taking the Defendants' statements and
statements of facts as true and absolute? Would that not be the role of a jury?

6. Was the District Court bias towards the Petitioner's complaint?

7. Did the District Court error or abuse it's discretion in determining that the defendants
had in fact met their necessary and mandatorily required burden of establishing the
absence of a "genuine dispute of material fact" before transferring such burden onto the
petitioner in this case?

8. Did the District Court error or abuse it's discretion in concluding that the petitioner did
not provide even a single genuine issue suitable for trial in support of any one of his
claims?

Did the District Court error or abuse it's discretion in granting the Defendants' requests
to inspect and copy the Plaintiffs medical file, especially so, while at the same time,
denying the plaintiff any discovery?

9. Did District Court error/abuse it's discretion granting summary judgment to defendants?

Question Presented (AI Summary)

Did the District Court abuse its discretion in refusing to appoint counsel?

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-05-10
Waiver of right of respondent Steven Shelton, et al. to respond filed.
2021-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)

Attorneys

James Arthur Ross
James Arthur Ross — Petitioner
Steven Shelton, et al.
Benjamin Noah GutmanOregon Department of Justice, Respondent